Knapp v. St. Dominic-Jackson Mem'l Hosp.


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Docket Number: 2010-IA-01604-SCT

Supreme Court: Opinion Link
Opinion Date: 05-31-2012
Opinion Author: Kitchens, J.
Holding: Affirmed and remanded

Additional Case Information: Topic: Personal injury - Medical negligence - M.R.C.P. 8(e)(1) - Striking of expert - Discovery deadline - M.R.C.P. 26(f) - Amendment of discovery
Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Pierce and King, JJ.
Non Participating Judge(s): Lamar and Chandler, JJ.
Procedural History: Interlocutory Appeal
Nature of the Case: CIVIL - PERSONAL INJURY

Trial Court: Date of Trial Judgment: 09-13-2010
Appealed from: Hinds County Circuit Court
Judge: W. Swan Yerger
Disposition: Dismissed the complaint.
Case Number: 251-08-966CIV

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Deborah Knapp and Harold Knapp




JWON TERRELL NATHANIEL



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: St. Dominic-Jackson Memorial Hospital LANE WILLIAMSON STAINES JONATHAN ROBERT WERNE SHARON F. BRIDGES  

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    Topic: Personal injury - Medical negligence - M.R.C.P. 8(e)(1) - Striking of expert - Discovery deadline - M.R.C.P. 26(f) - Amendment of discovery

    Summary of the Facts: Deborah Knapp was admitted to St. Dominic Hospital’s emergency room after she had attempted suicide by deliberately overdosing on prescription medication. From the emergency room, Deborah was admitted to the intensive care unit and placed on a 72-hour psychiatric hold. While in the ICU, Deborah slipped and fell in her bathroom, due allegedly to a leaky toilet. Deborah claimed that the fall rendered her unconscious and caused severe, permanent injuries to her head and face. Deborah then was moved to St. Dominic’s Behavioral Health Unit. Deborah alleged that, while waiting to use a telephone in the BHU, she was beaten over the head and kicked in the abdomen by another patient. During this attack, Deborah claimed that she suffered further injuries, including a fractured mandible. Based on these two distinct events, the Knapps filed this action against St. Dominic. The complaint listed three separate counts entitled “negligence,” “breach of warranty,” and “gross negligence, punitive damages, etc.” The Knapps designated John A. Tilelli, M.D., to testify to the standard of care required of St. Dominic during Deborah’s hospitalization. St. Dominic filed a motion to strike Dr. Tilelli as an expert witness, arguing that he was not qualified to testify about the standard of care in either the ICU or BHU. Because Dr. Tilelli was the Knapps’ only medical expert, St. Dominic requested partial summary judgment on the claims “related to [Deborah’s] transfer to the Behavioral Health Unit and the subsequent care and treatment received in the Behavioral Health Unit.” The trial court granted St. Dominic’s motion. Believing that the order had prohibited Dr. Tilelli from testifying in any manner, St. Dominic filed a motion to clarify the order. The trial court granted St. Dominic’s motion, and entered an order declaring that Dr. Tilelli “was stricken by this Court’s March 23, 2010 Opinion/Order, and the only remaining claims relate to the Plaintiffs’ premises liability claims.” The court’s order also addressed outstanding discovery motions. The Knapps had filed motions to extend the discovery deadline and to extend the deadline for expert designations. The trial court refused to extend the deadline for expert designations but granted the Knapps an additional thirty days to depose certain witnesses in connection with belatedly produced maintenance documents. The Supreme Court granted the Knapps’ petition for interlocutory review.

    Summary of Opinion Analysis: Issue 1: Medical negligence The Knapps argue that Dr. Tilelli is qualified to testify regarding the standard of care in the ICU because “this is a failure to monitor case . . . not one of a failure to properly treat and/or diagnose a patient with a specific medical condition.” However, the plaintiffs did not plead a medical negligence cause of action related to Deborah’s slip and fall in the ICU. The Knapps’ claims are founded on two distinct occurrences: (1) a slip and fall in the ICU and (2) an assault in the BHU. The complaint alleged two types of negligence: (1) premises liability and (2) medical malpractice. Thus, the complaint did not contain a simple, concise, and direct claim for medical negligence in the ICU as required by M.R.C.P. 8(e)(1). The Knapps take issue with the trial court’s striking Dr. Tilelli because he was not a specialist in the field of psychiatry and because “his career ha[d] been dedicated to the treatment and care for pediatric patients.” Yet, without knowing the nature of the alleged professional negligence at issue, it is not possible to know the applicable standard of care, and it is not possible to determine whether Dr. Tilelli’s knowledge, skill, experience, training, or education demonstrated a satisfactory familiarity with the specialty of the defendant. Issue 2: Discovery deadline The Knapps argue that the trial court erred in denying their motion to extend the discovery deadline. The Knapps mistakenly believe that the passage of the discovery deadline precludes their obtaining previously requested documents, specifically, a maintenance record and an incident report. The trial court did not find that St. Dominic was somehow relieved of its duty to amend discovery responses as required by M.R.C.P. 26(f). The passage of a discovery deadline does not abate a party’s Rule 26 responsibilities seasonably to amend or supplement prior responses. Because the trial court’s denial of the Knapps’ motion to extend the discovery deadline did not alter this duty imposed on St. Dominic, there is no reason to disturb the trial court’s ruling on this issue.


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