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Partin v. North Mississippi Medical Center7/19/2005
NATURE OF THE CASE: CIVIL - MEDICAL MALPRACTICE
DISPOSITION: AFFIRMED IN PART; REVERSED AND REMANDED IN PART - 07/19/2005
EN BANC
.On December 28, 2001, the executor of the estate of Shirley Howard Partin ("Partin"), filed a complaint against North Mississippi Medical Center, Inc. ("NMMC"), Dr. Thomas Oakes, Dr. Richard Sharp, and Dr. Laura Gray, alleging medical malpractice and wrongful death. Soon thereafter, three of the four defendants/appellees filed motions for summary judgment, and in response, on September 23, 2002, Partin filed a motion for discovery conference and/or pre-trial conference and for stay of motions for summary judgment.
. On March 24, 2003, Dr. Oakes filed his motion for summary judgment, and on March 28, 2003, the motions came on for hearing. On August 26, 2003, the court denied Partin's motion for discovery conference and/or pre-trial conference and for stay of motions for summary judgment and granted all of the appellees' motions for summary judgment, including Dr. Oakes's motion, which had been filed only four days prior to the hearing.
. Aggrieved by the grant of the appellees' motions for summary judgment, Partin now appeals, raising two issues:
I. DID THE TRIAL COURT ERR IN GRANTING THE APPELLEES' MOTIONS FOR SUMMARY JUDGMENT?
II. DID THE TRIAL COURT ERR IN DENYING PARTIN'S MOTION FOR DISCOVERY CONFERENCE AND/OR PRE-TRIAL CONFERENCE AND FOR STAY OF MOTIONS FOR SUMMARY JUDGMENT?
. Finding no error in the granting of summary judgment to Dr. Sharp and Dr. Gray, we affirm the judgment of the circuit court as to Dr. Sharp and Dr. Gray. Finding error in the granting of summary judgment to NMMC and Dr. Oakes, we reverse the judgment of the circuit court as to NMMC and Dr. Oakes and remand for further proceedings consistent with this opinion.
FACTS
. On December 10, 1999, Shirley Partin had minor surgery on her ear. On December 13, 1999, Mrs. Partin was admitted to NMMC to have certain post-surgery complications treated. Mrs. Partin was diagnosed as having suffered a mild stroke (blood vessel infarctions in the brain), and from December 13, 1999, to December 23, 1999, Mrs. Partin was treated at NMMC. She was under the care of Dr. Oakes during this time.
. On December 24, 1999, Mrs. Partin was transferred to NMMC's rehabilitation unit, where she came under the care of Dr. Sharp. On December 25, 1999, Mrs. Partin was allowed to go home for a few hours, after which she returned to the hospital.
. On the afternoon of December 30, 1999, Dr. Sharp informed the Partin family that Mrs. Partin's most recent tests showed no change in her condition. Having determined no immediate danger to Mrs. Partin, Dr. Sharp told the family that he would be going out of town for the weekend, leaving another doctor, Dr. Gray, in charge of Mrs. Partin's care in his absence. Later in the day on December 30, 1999, Mrs. Partin's condition began to worsen, and the family became very alarmed by the symptoms she exhibited. Members of the Partin family at this time told nurses at the hospital of Mrs. Partin's condition and urged the nurses to contact the on-call doctor. The nurses gave Mrs. Partin some medications and said that they would wait to see how she responded before contacting the doctor.
. Continuing throughout the day and night of December 30, 1999, and through the early morning hours of December 31, 1999, Mrs. Partin's condition continued to worsen, and the family, gradually beginning to become "frantic" in light of Mrs. Partin's condition and the hospital's inaction, continued strongly to urge the nursing staff to contact a d
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