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McMichael v. Howell6/2/2005
NATURE OF THE CASE: CIVIL - MEDICAL MALPRACTICE
DISPOSITION: AFFIRMED - 06/02/2005
BEFORE SMITH, C.J., EASLEY AND GRAVES, JJ.
. Beth McMichael brought an action alleging that Dr. Eli Howell failed to inform her of the risks involved with facial skin laser surgery, failed to perform the services agreed upon and as a result departed from the standard of care. The Circuit Court of Lamar County granted summary judgment in favor of Dr. Howell because McMichael failed to present expert medical testimony in support of her claim. McMichael now appeals to this Court. Finding no error, we affirm the judgment of the circuit court.
FACTS AND PROCEDURAL HISTORY
. On January 28, 1997, Dr. Howell performed a laser resurfacing procedure on McMichael's forehead, peri-oral area, crows feet and lower eyelids. Around August 4, 1999, Dr. Howell discussed with McMichael the need to do a full facial laser and TCA peel of the neck to achieve the same color as the face. On September 23, 1999, Dr. Howell began the laser resurfacing of McMichael's face and the TCA peel of her neck. During the procedure, Dr. Howell noted that McMichael's skin was very thin in the previously treated areas and feared the skin would burn, resulting in scars. These previously treated areas were not re-treated during this procedure, and McMichael was discharged following this procedure. On September 29, 1999, McMichael returned to Dr. Howell for a follow-up visit, at which time he explained that the full face resurfacing was not performed during the procedure because her skin appeared too thin to withstand a second laser procedure and may have been burned.
. McMichael filed a complaint in the Circuit Court of Lamar County alleging that Dr. Howell "failed to inform the Plaintiff of the care rendered to her by him, failed to perform the services which he agreed to perform, was negligent in the services and care rendered to the Plaintiff and as a result thereof departed from the standard of care." McMichael, in her answers to interrogatories identified Dr. William Gullung, III, and Dr. Benson as witnesses who would provide expert testimony to support her claim. However, she provided no reports of their opinions, no treatises, no curriculum vitae on the experts or other documents supporting their opinions. Dr. Howell filed a motion for summary judgment on the basis that McMichael had failed to designate any expert witnesses to testify as to the alleged breach of the standard of care as required by Mississippi law. The circuit court entered an order dismissing the motion for summary judgment without prejudice. The trial court granted McMichael thirty days to take the deposition of Dr. Howell and an additional forty-five days to provide expert witness disclosures.
. McMichael did not depose Dr. Howell, nor did she provide any expert witness disclosures within the time period set forth in the trial court's order. Dr. Howell filed a motion to dismiss or for summary judgment on the basis that McMichael has failed to provide any expert witness to testify as to the alleged breach and the standard of care. In McMichael's response, she contended that expert testimony was not necessary to carry her burden of proof at trial. After oral arguments, the trial court entered its opinion granting Dr. Howell's motion for summary judgment on all claims and dismissing the complaint with prejudice. McMichael filed a motion to reconsider asserting that expert witness testimony was not required for her claims and that the trial court failed to address all claims in its opinion. The trial court denied the motion to reconsider, and McMichael now appeals to this Court raising the same issues as was
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