 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Blailock v. Hubbs5/26/2005
NATURE OF THE CASE: CIVIL - MEDICAL MALPRACTICE
DISPOSITION: AFFIRMED - 05/26/2005
EN BANC.
. This is a medical negligence case brought against two doctors, a clinic and a governmental hospital.Although four issues are raised on appeal, the central issue is whether the trial court properly dismissed the hospital from the lawsuit for failure of the plaintiffs to give the required notice under the Mississippi Tort Claims Act, Miss. Code Ann. §§ 11-46-1 to - 23 (Rev. 2002 & Supp. 2004).
FACTS AND PROCEDURAL HISTORY
. Linda Blailock was admitted to Southwest Mississippi Regional Medical Center ("Southwest") on March 9, 1997, with complaints of blurred vision, elevated blood pressure, and swollen feet. Mrs. Blailock was pregnant, but not in labor at that time. Based on these factors, Dr. David Hubbs decided to induce labor the next day.
. When Dr. Hubbs ended his shift at approximately 7:00 a.m., Dr. Randall Sisam began care of Mrs. Blailock. Upon examining Mrs. Blailock at approximately 1:05 p.m., Dr. Sisam found nothing abnormal. He left Mrs. Blailock to perform another procedure downstairs. Shortly thereafter, Mrs. Blailock's condition began to deteriorate, and the nursing staff attempted to stabilize her. At 1:18 p.m., Nurse Sharon Moak called to the nurses' station and asked that they inform Dr. Sisam that he was needed in Mrs. Blailock's room. The time of Dr. Sisam's return to Mrs. Blailock's room is not clear. Upon his return, Dr. Sisam attempted a forceps delivery of the baby, Tayler, but noticed he was "free floating," indicating that he was not attached to the uterus. Dr. Sisam then abandoned the forceps delivery and ordered an emergency C-section. Mrs. Blailock was taken to the operating room at 1:40 p.m., and Tayler was delivered at 1:46 p.m. Due to the complications surrounding Tayler's delivery, he developed cerebral palsy and suffered other permanent injuries.
. Plaintiffs filed suit against the defendant doctors on November 24, 1998. Plaintiffs claim they first became aware of Southwest's possible negligence during the deposition of Dr. Sisam on April 14, 1999. They claim that, during the deposition, they learned that (1) Dr. Sisam was operating on another patient at the times indicated in the nursing notes, (2) although Southwest's staff knew Dr. Sisam could be informed of Mrs. Blailock's condition while performing surgery on another patient, he was not informed of Mrs. Blailock's condition until after he left the operating room, and (3) the staff failed to inform Dr. Sisam of the urgency of Mrs. Blailock's situation when they contacted him.
. Plaintiffs claim that these discoveries led them to file a notice of claim against Southwest on May 4, 1999, and to amend their complaint on August 4, 1999, to add Southwest as a defendant. On November 30, 2002, two days before trial began, Judge Mike Smith informed the parties that he was granting Southwest's previously filed Motion to Dismiss. At the trial's conclusion, the jury rendered a verdict for the remaining defendants, and the court entered a judgment for the defendants. Plaintiffs timely filed their notice of appeal.
. This appeal presents four issues: (1) proper application of the "discovery rule;" (2) apportionment of fault to Southwest; (3) whether the verdict was against the overwhelming weight of the evidence; and (4) the applicability of the minor savings clause of Miss. Code Ann. § 11-46-11(4).
ANALYSIS
I. Application of the Discovery Rule
. The trial court held that the plaintiffs did not file their claim against Southwest within the one-year statute of limitation for f
Page 1 2 3 4 5 6 7 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|