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McAllister v. Franklin County Memorial Hospital9/6/2005
me. To take a history, to perform a physical examination, to procure whatever test you deem necessary, and to formulate an idea or hypothesis as to the patient's ailment, and to treat it appropriately." Like Dr. Kareff's testimony, Dr. Mulholland's definition revolved around the physician's discretion and best judgment. See, e.g., Bickham v. Grant, 861 So. 2d 299, 302-04 (Miss. 2003). However, there is no evidence in the record that, although presented with conflicting standards of care, the trial court applied the improper legal standard.
. Issue I. lacks merit.
II. DID THE HOSPITAL'S ALLEGED NEGLIGENCE CAUSE OR CONTRIBUTE TO DAVID'S DEATH?
. The McAllisters next argue that they successfully showed that David's death resulted from the Hospital's deviation from the appropriate standard of care. As discussed in Section I. of this opinion, we do not agree that the trial court erred in finding that the Hospital did not breach the appropriate standard of care. Again, we defer to the factual findings of the trial judge sitting without a jury unless the judge committed manifest error. Rice Researchers, Inc., 512 So. 2d at 1264. Because we have found no error in the trial court's determination that the Hospital did not breach the appropriate standard of care, review of this issue is not necessary.
. THE JUDGMENT OF THE FRANKLIN COUNTY CIRCUIT COURT IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE TAXED TO THE APPELLANTS.
KING, C.J., BRIDGES, P.J., IRVING, MYERS, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ., CONCUR.
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