Mid-South Retina, LLC v. Conner
| Docket Number: | 2010-IA-00190-SCT Linked Case(s): 2010-M-00190-SCT ; 2010-IA-00190-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-08-2011 Opinion Author: Carlson, P.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Medical negligence - Causation - Expert testimony by nurse - Retroactive effect of opinion Judge(s) Concurring: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. Dissenting Author : Kitchens, J. Dissent Joined By : King, J. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - MEDICAL MALPRACTICE |
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| Trial Court: |
Date of Trial Judgment: 01-11-2010 Appealed from: Coahoma County County Court Judge: Thomas Allen Disposition: Originally granted summary judgment in favor of Mid-South, finding that Conner had failed to establish the necessary element of causation. The trial court then reversed its judgment upon reconsideration and denied Mid-South’s motion for summary judgment. Case Number: 14-CO-04-116 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Mid-South Retina, LLC |
SHELBY KIRK MILAM
JOSIAH DENNIS COLEMAN |
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| Appellee: | Bernice Conner | DANIEL M. CZAMANSKE, JR. JOSEPH HARLAND WEBSTER | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Medical negligence - Causation - Expert testimony by nurse - Retroactive effect of opinion |
| Summary of the Facts: | Bernice Conner filed a medical-negligence suit against Mid-South Retina, LLC. The court originally granted summary judgment in favor of Mid-South, finding that Conner had failed to establish the necessary element of causation. The trial court then reversed its judgment upon reconsideration and denied Mid-South’s motion for summary judgment. Mid-South filed a petition for interlocutory appeal which was granted. |
| Summary of Opinion Analysis: | In medical-negligence cases, expert testimony is generally required to survive summary judgment. Mid-South argues that a registered nurse designated by Conner as her expert witness cannot offer an opinion on medical causation, and thus, Conner has failed to establish the necessary element of causation. Conner argues that the issue of whether the nurse may render an expert opinion on causation was not before the trial court and therefore is not properly before the Court on interlocutory appeal. In a prior case, the Supreme Court held that nurses cannot render expert opinions on medical causation. However, the parties in today’s case were without the benefit of that case during the pretrial phase and the Court’s holding in that case was not brought before the trial judge as part of the parties’ pretrial arguments. The Court’s decisions are presumed to have retroactive effect unless otherwise specified. In the prior case, the Court did not state that its ruling was prospective. Thus it is presumably retroactive. Conner’s only designated expert, a nurse, may not render an expert opinion on medical causation. |
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