Shirley Bullock, Individually and o/b/o all Wrongful Death Beneficiaries of Larry Bullock v. Dr. Michael Patterson, Southern Bone & Joint Specialists, P.A. and Wesley Medical Center
Docket Number: | 2010-CA-01137-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 10-11-2011 Opinion Author: Lee, C.J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Medical malpractice - Negligence - Standard of care - Expert testimony - Superseding intervening cause Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, Ishee, Carlton and Russell, JJ. Concur in Part, Concur in Result 1: Barnes, Roberts and Maxwell, JJ., concur in part and in the result without separate written opinion |
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Trial Court: |
Date of Trial Judgment: 06-10-2010 Appealed from: Jefferson Davis County Circuit Court Judge: R. I. Prichard, III Case Number: 2008-177P |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | Shirley Bullock, Individually and o/b/o all Wrongful Death Beneficiaries of Larry Bullock v. Dr. Michael Patterson, Southern Bone & Joint Specialists, P.A. and Wesley Medical Center |
ISAAC K. BYRD JR., SUZANNE GRIGGINS KEYS |
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Appellee: | Dr. Michael Patterson, Southern Bone & Joint Specialists, P.A. and Wesley Medical Center | STUART BRAGG HARMON, J. ROBERT RAMSAY |
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Appellee #2: |
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. |
Topic: | Medical malpractice - Negligence - Standard of care - Expert testimony - Superseding intervening cause |
Summary of the Facts: | Larry Bullock was admitted to Wesley Medical Center in Hattiesburg for neck surgery. Within twelve hours of being discharged from the hospital, a hematoma developed in Larry’s neck, and he died from constriction of his airway. Larry’s wife, Shirley Bullock, filed a suit alleging negligence against Dr. Michael Patterson, an employee of Southern Bone & Joint Specialists, P.A.; Wesley Medical Center and certain members of its staff; and other parties who have since been dismissed. Dr. Patterson filed a motion to exclude the testimony of Shirley’s proposed expert and a motion for summary judgment. Wesley also filed a motion for summary judgment. The trial court granted both motions for summary judgment. Shirley appeals. |
Summary of Opinion Analysis: | Shirley argues that genuine issues of material fact exist regarding the negligence of Larry’s orthopedic surgeon, Dr. Patterson, such that summary judgment was not appropriate. The general rule is that medical negligence may be established only by expert medical testimony, with an exception for instances where a layman can observe and understand the negligence as a matter of common sense and practical experience. Not only must an expert identify and articulate the requisite standard that was not complied with, the expert must also establish that the failure was the proximate cause, or proximate contributing cause, of the alleged injuries. The expert testimony presented by Shirley failed to show that any alleged breach of duty on behalf of Dr. Patterson was the proximate cause of Larry’s death. When questioned on the matter, Shirley testified that she could not remember whether or not Dr. Patterson gave Larry any instructions regarding Plavix. Further, no evidence was presented that Dr. Patterson’s recommendation regarding the use or non-use of Plavix contributed to Larry’s death. On the contrary, Dr. Richard Zane, an emergency-medicine physician, testified for the plaintiffs that Larry died because Dr. Locke acted negligently in transferring Larry by ambulance without first intubating him to protect his airway. Shirley also argues that Dr. Bruckmeier and Nurse Kerr, employees of Wesley, were negligent in their treatment of Larry. Shirley bore the burden of proving that Dr. Bruckmeier’s or Nurse Kerr’s actions were the proximate cause of Larry’s injuries. Shirley’s expert, Dr. Vance, testified that Dr. Bruckmeier deviated from the standard of care by failing to consult a cardiologist before recommending that Larry resume taking Plavix. However, Dr. Vance also testified that he was not a cardiologist or an expert in that field. As to the actions of Nurse Kerr, Shirley argues that she would have taken Larry to the emergency room sooner if she had received proper discharge instructions after Larry’s surgery. However, Shirley testified that she took Larry to the emergency room immediately when he began to have trouble breathing. The actions taken the day after Larry’s surgery were superseding intervening causes of his death. The evidence showed that, regardless of the actions surrounding Larry’s initial surgery, the actions of Dr. Locke and the ambulance personnel were superseding intervening causes of Larry’s death. A superseding cause is an act of a third person or other force which by its intervention prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about. |
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