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Johnson v. Blackwood7/19/2005
NATURE OF THE CASE: CIVIL - MEDICAL MALPRACTICE
DISPOSITION: AFFIRMED: 07/19/2005
BEFORE LEE, P.J., IRVING AND CHANDLER, JJ.
. On January 28, 2002, Sherman V. Johnson filed a medical malpractice action, by and through his mother Lubertha Johnson, against Dr. Donald J. Blackwood, Bolivar Medical Center (formerly Bolivar County Hospital (BCH)), and several other defendants, alleging damages due to negligent medical care rendered by the defendants. Sherman further alleged damages due to the "negligent loss or destruction" of his medical records and breach of contract. Additionally, Sherman alleged that he was entitled to recover under the theory of res ipsa loquitur. The complaint was subsequently amended to add Family Medical Clinic of Cleveland, Ltd. (FMCCL), now Family Medical Clinic, and Dr. Mert Toler as defendants.
. In response, Dr. Blackwood and his co-defendants filed summary judgment motions, alleging that Sherman's suit was barred by the applicable statute of limitations. Shortly thereafter, the trial judge entered orders granting the defendants' motions and dismissing Sherman's claim. Aggrieved, Sherman now appeals the trial judge's grant of summary judgment in favor of the defendants.
. We find no reversible error; therefore, we affirm the trial court's grant of summary judgment.
FACTS
. Sherman Johnson was born a healthy infant on November 7, 1983. After his birth, Sherman periodically received medical care from Dr. Blackwood and Dr. Toler at the Family Medical Clinic in Cleveland, Mississippi. The facts which led to this lawsuit began when Sherman was eight months old. Sherman alleged in his complaint that:
n July 5, 1984, [Sherman] Johnson presented to Dr. Toler at FMCCL with a history of "head cold," blisters on his feet from rubbing his feet together, an elevated temperature, and vomiting. Dr. Toler's examination revealed left otitis media. Dr. Toler indicated that the neck had increased muscle tone, but there was no follow-up of this examination.
Sherman further alleged that:
n July 15, 1984, Johnson presented to the BCH Emergency room with a two-week history of nasal and chest congestion, plus fever for the past few days. When he presented to the emergency room, he had obvious nuchal rigidity and was admitted under the care and treatment of Dr. Blackwood.
Sherman was ultimately diagnosed with acute bacterial meningitis and was subsequently transferred to the University Medical Center in Jackson for further care and treatment. Due to complications caused by the meningitis, Sherman now suffers from severe mental retardation and neurological damage.
. In February and April of 1991, Sherman's attorney requested a copy of Sherman's medical records from Bolivar Medical Center and Family Medical Clinic. Medical records were also requested from the University Medical Center. Shortly thereafter, Sherman's attorney forwarded the records obtained from the University Medical Center to an expert for review. The expert opined that Sherman's treatment did not substantially deviate from the standard of care.
. On October 8, 1992, Lubertha petitioned the Bolivar County Chancery Court for letters of guardianship and for the authorization to file suit and employ an attorney on Sherman's behalf. That same day, a judge entered an order granting Lubertha's request. No further action was taken until May 1998, when Sherman's attorney again attempted to get an expert to render an opinion regarding Sherman's medical care and treatment. This expert similarly failed to render a favorable opinion after reviewing Sherman's records.
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