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Gilchrist v. Veach2/12/2002
DATE OF TRIAL COURT JUDGMENT: 05/31/2000
TRIAL JUDGE: HON. SAMAC S. RICHARDSON
COURT FROM WHICH APPEALED: RANKIN COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
TRIAL COURT DISPOSITION: SUMMARY JUDGMENT GRANTED FOR DEFENDANT
DISPOSITION: AFFIRMED - 02/12/2002
. On January 26, 1998, Argie Gilchrist filed a complaint against John A. Frenz, M.D. alleging medical malpractice. On February 6, 1998, she amended her complaint and named Chele Ann Veach, M.D. as an additional party defendant. Eventually, summary judgment was granted in favor of Dr. Veach and Dr. Frenz. For this appeal we are only asked to review the granting of the summary judgment in favor of Dr. Veach. Gilchrist has filed a timely pro se appeal and presents the following issues: (1) whether the circuit court erred in granting summary judgment to Dr. Veach and (2) whether immunity for physicians who have employee status at hospitals governed by the Mississippi Tort Claims Act violates the remedy clause. Finding these issues without merit, we affirm the trial judge's granting of summary judgment in favor of Dr. Veach.
FACTS
. On January 26, 1998, Gilchrist filed her complaint against Dr. Frenz. On February 6, 1998, Gilchrist amended the complaint and named Dr. Veach as an additional defendant. The complaint stated that on January 26, 1996, Gilchrist was admitted into Rankin County Medical Center under the care of Dr. Frenz and Dr. Veach for a lumbar spine decompression and that as a result of their care in relation to this procedure it was discovered on January 27, 1996, that she had suffered a stroke. Gilchrist asserted that the stroke was related to the procedure and that its occurrence constituted medical malpractice by Dr. Frenz and Dr. Veach.
. As stated earlier, we are only reviewing the granting of the summary judgment in favor of Dr. Veach; therefore, we will only consider her answer to the complaint.
. Dr. Veach answered the complaint and asserted several defenses. For the purpose of this appeal, the defenses of particular importance are those dealing with the Mississippi Tort Claims Act. Additionally, Dr. Veach asserted that the action was barred by the general two year statute of limitations for medical malpractice causes of action. The defenses are of importance because the trial judge relied on them when he granted Dr. Veach's motion for summary judgment.
DISCUSSION
Preliminary Matters
. Dr. Veach contends that pursuant to Mississippi Rules of Appellate Procedure Rule 4 (a) Gilchrist failed to file a timely appeal and her action is barred. Dr. Veach notes that there were two parties involved in this action: Dr. Frenz and herself. When Dr. Veach was granted summary judgment Gilchrist filed a timely appeal. However, the Mississippi Supreme Court dismissed her action for failure to obtain a Mississippi Rules of Civil Procedure Rule 54 (b) final judgment certification because Dr. Frenz remained a defendant regarding Gilchrist's claim for medical malpractice. Thereafter, no Rule 54 (b) certification was obtained by Gilchrist, but Dr. Frenz was granted summary judgment. Dr. Veach argues that as a result of the court granting Dr. Frenz's motion for summary judgment, Gilchrist no longer needed to obtain a Rule 54 (b) final judgment. Dr. Veach asserts that Gilchrist had thirty days from the date of Dr. Frenz's summary judgment to file an appeal and she failed to timely do so; therefore, her appeal is barred.
. On May 28, 1998, trial judge Samac S. Richardson granted Dr. Veach's motion for summary judgment. Thereafter, Gilchrist filed an
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