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Paepke v. North Mississippi Medical Center Inc.3/23/1999
DATE OF JUDGMENT: 06/06/97
TRIAL JUDGE: HON. THOMAS J. GARDNER III
COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - MEDICAL MALPRACTICE
TRIAL COURT DISPOSITION: GRANTED SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS
DISPOSITION: REVERSED AND REMANDED- 3/23/99
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
EN BANC:
. Jerry Paepke appeals from a summary judgment dismissing claims of negligent care and treatment, and failure to properly diagnose a medical condition against Dr. Alan Brown, Dr. Michael Currie, and North Mississippi Medical Center. Mr. Paepke assigns two points of error:
I. WHETHER OR NOT THE CIRCUIT COURT OF LEE COUNTY, MISSISSIPPI ERRED IN SUSTAINING THE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BY FINDING THAT THE PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DID NOT MAKE AN ADEQUATE SHOWING OF GENUINE ISSUES OF MATERIAL FACT.
II. WHETHER THE CIRCUIT COURT OF LEE COUNTY, MISSISSIPPI ERRED IN RULING THAT THE PLAINTIFF, AS THE NON-MOVING PARTY IN A SUMMARY JUDGMENT PROCEEDING, WAS REQUIRED TO PRESENT EXPERT MEDICAL TESTIMONY ARTICULATING THE SPECIFIC STANDARDS OF MEDICAL CARE BREACHED BY THE DEFENDANTS WHEN NO SUCH PROOF OTHERWISE WAS BEFORE THE COURT, THROUGH AFFIDAVIT OR THE LIKE, BY THE DEFENDANTS, THE MOVING PARTIES TO THE MOTION FOR SUMMARY JUDGMENT.
. Finding error, this Court reverses the grant of summary judgment.
FACTS
. On July 31, 1993, Jerry Paepke suffered an injury after falling from the bucket of a front-end loader. He was transported by ambulance to the emergency room of the North Mississippi Medical Center (NMMC) in Tupelo, Mississippi where he complained of neck, chest, and right arm pain.
. Dr. Allan Brown, an emergency room physician, examined Mr. Paepke and ordered several x-rays. Dr. Michael Currie, a radiologist, interpreted the x-rays and found no evidence of fracture. Mr. Paepke was diagnosed with cervical strain and first and second degree burns on his right forearm. He was discharged from the emergency room shortly thereafter.
. According to Mr. Paepke, shortly after his discharge from the hospital, he continued to experience pain. Upon seeing another physician, Dr. Thomas McDonald, a neurosurgeon, he was hospitalized and diagnosed as having sustained an adontoid fracture type three (3) and lateral mass fracture at C5-C6 with nerve root contusion. He later underwent a posterior fusion of C1-C2 with wiring of the bone.
. On July 26, 1995, Mr. Paepke filed a complaint alleging negligence and carelessness in not properly diagnosing him on July 31, 1993 and in failing to transfer him to a facility with the proper equipment to perform necessary diagnostic procedures. After having filed answers to the complaint, Dr. Currie filed a motion for summary judgment with Dr. Brown and the NMMC joining the motion. The circuit court granted summary judgment. Mr. Paepke now appeals the grant of summary judgment.
STANDARD OF REVIEW
. This Court employs a de novo standard when reviewing a lower court's grant of a summary judgment motion. Short v. Columbus Rubber & Gasket Company, Inc., 535 So.2d 61, 63 (1988). We must review all evidentiary matters before us in the record: affidavits, depositions, admissions, interrogatories, etc. The evidence must be viewed in the light most favorable to the non-moving party, and the non-moving party is to be given the benefit of every reasonable doubt. Smith v. Sanders, 485 So.2d 1051, 1054 (Miss.1986). The burde
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