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Adkins v. Sanders3/19/2002
DATE OF TRIAL COURT JUDGMENT: 09/26/2000
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: JURY VERDICT FOR DEFENDANTS
DISPOSITION: REVERSED AND REMANDED - 03/19/2002
. Samuel Adkins, individually and on behalf of statutory wrongful death beneficiaries of Linda Kay Adkins, deceased, brought this wrongful death action against Dr. Curren J. Sanders, M.D. and the Sanders Clinic for Women. On September 18, 2000, the case was tried before a jury in Lee County, Mississippi. The jury found for the defendants. Feeling aggrieved, Adkins filed this appeal and maintains three allegations of error. First, he argues that the trial judge improperly reconsidered the defendants's motion in limine. Next, he argues that the trial court's refusal to grant plaintiffs's jury instruction concerning a heightened standard of care was error. Finally, Adkins argues that the trial court improperly failed to excuse for cause a juror who was a patient of Dr. Sanders.
. Finding Adkins's assertions persuasive, we reverse as to issues two and three and remand for a new trial.
FACTS
. Linda Kay Adkins (Kay) died on April 7, 1994, seven days after delivering her first child. Kay was admitted to the North Mississippi Medical Center on March 31, 1994. Although the baby was not due for two more weeks, Dr. Sanders decided to admit Kay early and perform a caesarian section to deliver the baby. Dr. Sanders made this decision based upon Kay's history as a lupus patient.
. Kay began showing signs of complications the day after her delivery. She suffered from several problems, including, fever, significant drops in body temperature, aches and body pains, and decreased urinary functions. Most of these problems were diagnosed as the usual effects of a caesarian birth and were treated as such. However, due to Kay's prior medical history, the complications escalated to the point of becoming fatal and she died on April 7, 1994. Adkins filed this suit alleging that Kay's death was caused by Dr. Sanders's failure to properly treat and care for Kay.
LAW AND ANALYSIS
I. DID THE TRIAL COURT ERR IN RECONSIDERING THE DEFENDANTS'S MOTIONIN LIMINE?
. Adkins first argues that the trial court erred in reconsidering the defendants's motion in limine. On December 10, 1999, the defendants filed a motion in limine to exclude mention of Dr. Sanders's failure to obtain board certification and prior malpractice suits filed against him. This motion was denied by Judge Ford on June 26, 2000. Subsequent to this ruling, Judge Ford retired from the bench and on September 18, 2000, the case was reassigned to Judge Thomas Gardner, III. On September 15, 2000, the defendants moved for reconsideration of Judge Ford's adverse ruling on their motion in limine. Judge Gardner heard the motion on September 18, and ruled for the defendants, excluding mention of Dr. Sanders's failure to obtain board certification and any prior malpractice suits filed against him.
. Adkins argues that this ruling was error pursuant to the law of the case doctrine. The law of the case doctrine, as recognized by this Court, is as follows:
The doctrine of the law of the case is similar to that of former adjudication, relates entirely to questions of law, and is confined in its operation to subsequent proceedings in the case. Whatever is once established as the controlling legal rule of decision, between the same parties in the same case, continues to be the law of the case, so long as ther
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