Mississippi Litigation Review & Commentary

Mississippi Litigation Review & Commentary

Comments on the Latest Developments in Mississippi Civil Litigation

Philip is a trial attorney based in Jackson, Mississippi with a diverse civil litigation practice.

Tag Archives: medical malpractice

$3.5 Million Hinds County Medical Malpractice Verdict with 75% Fault Apportioned to Defendant Doctor

Posted in Hinds County Circuit Court, Verdicts in Mississippi
On Friday a Hinds County jury rendered a $3.5 million verdict in Glover v. MBMC et al. Plaintiff was a 15 year old treated at the emergency room for a rash. The ER doctor prescribed medication that caused second degree chemical burns all over the boy’s body. Plaintiff is permanently scarred. The medication is supposed… Continue Reading

Miss. Court of Appeals Affirms $390,000 Medical Malpractice Bench Trial Verdict

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
On Tuesday a unanimous Mississippi Court of Appeals affirmed a $390,000 Washington County bench trial verdict in Delta Regional Medical Center v. Taylor. Here is the Court’s opinion. The plaintiff in the case alleged that the Delta Regional E.R. physician failed to diagnose a stroke. As a result of the failure to diagnose and treat,… Continue Reading

Defense Verdict in Hinds County Medical Malpractice Trial

Posted in Hinds County Circuit Court, Verdicts in Mississippi
Last week a Hinds County jury returned a defense verdict in Malouf v. Fredericks. The case involved medical malpractice allegations against two Jackson physicians. Mike Malouf, Sr. of Jackson represented the plaintiff. Carl Hagwood and Diane Pradat Pumphrey of Wilkins Tipton in Jackson represented one of the physician doctors and Whit Johnson of Currie Johnson in Jackson… Continue Reading

Re-trial of Juror Misconduct Case Results in Another Defense Verdict

Posted in Verdicts in Mississippi
Last year I wrote in this post about the Mississippi Supreme Court’s decision in Merchant v. Forest Family Practice. This was the Scott County medical malpractice case where the Mississippi Supreme Court reversed a defense verdict due to juror misconduct. After the first trial, a juror signed an affidavit that stated that another juror said during deliberations: that he had been… Continue Reading

Mississippi Court of Appeals Affirms $4,691,000 Jury Verdict Against Baptist Hospital in Wrongful Death Case

Posted in Appellate Decisions From Jury Verdicts, Mississippi Court of Appeals
On Tuesday the Mississippi Court of Appeals affirmed a $4.6 million Hinds County jury verdict in Miss. Baptist Health Systems v. Kelly. Here is the Court’s opinion. This was the appeal of a 2009 trial that I wrote about in this 2009 post. This was a pre-tort reform cap case. Ellen Kelly died as a… Continue Reading

$500,000 Medical Malpractice Bench Trial Verdict in Wrongful Death of 10 Year Old Child

Posted in Verdicts in Mississippi
On August 23, 2011 the Circuit Court of Leflore County rendered a $500,000 bench trial verdict against Greenwood Leflore Hospital in a medical malpractice case. Here is the trial court’s judgment and findings of fact and conclusions of law in Long v. Greenwood Leflore Hospital and Francois Lesage, M.D. Facts: Monica Long, age 10, became sick on… Continue Reading

$553,000 Jury Verdict in Hinds County Medical Malpractice Trial

Posted in Hinds County Circuit Court, Verdicts in Mississippi
The Clarion-Ledger reported last week on a $553,000 jury verdict in a Hinds County medical malpractice trial against Jackson neurosurgeon Dr. Adam Lewis. The article provided a good description of the plaintiff’s allegations: Joanne Hartwig’s negligence lawsuit in Hinds County Circuit Court said Dr. Adam Lewis’ surgery on Aug. 1, 2005, left a plate in… Continue Reading

$511,000 Jury Verdict in Adams County Medical Malpractice Trial

Posted in Verdicts in Mississippi
An Adams County circuit court jury returned a $511,000 plaintiff verdict on Thursday in Ford v. Fairbanks. The trial was a medical malpractice case that involved a knee replacement. Here is the Complaint. The Plaintiff (Johnny Mack Ford) alleged that the Defendant Dr. Rusty Fairbanks negligently performed a left knee replacement. The plaintiff developed sepsis and… Continue Reading

Defense Verdict in Stealth Hinds County Medical Malpractice Trial

Posted in Hinds County Circuit Court, Verdicts in Mississippi
A Hinds County Circuit Court jury returned a defense verdict on Monday in a medical malpractice case tried before Judge Winston Kidd. Here is the Complaint in the case filed by James McClure against Dr. Anthony Petro, Dr. Clark Ethridge and Mississippi Baptist Medical Center. The Complaint alleges that Dr. Petro perforated plaintiff’s bowel during a laparoscopic procedure… Continue Reading

Report: $1.1 Million Medical Malpractice Jury Verdict in Hinds County

Posted in Hinds County Circuit Court, Verdicts in Mississippi
I have a report of a $1.1 million jury verdict returned Wednesday in Hinds County Circuit Court in a case tried before Judge Winston Kidd. The reported facts are that it was a wrongful death case. The decedent had stomach ulcer surgery and was released from the hospital. After discharge the ulcer hemorrhaged, causing the death. I assume that… Continue Reading

$1.525 Million Bench Trial Verdict in Northern District

Posted in U.S. District Courts in Mississippi, Verdicts in Mississippi
On Friday Judge Allen Pepper in the U.S.D.C. for the Northern District awarded a total of $1.25 million in Sims v. U.S., a Federal Tort Claims Act case involving the VA Medical Center in Memphis. Here are the Court’s Findings of Fact and Conclusions of Law. The plaintiff was left partially paralyzed as a result of medical… Continue Reading

Medical malpractice payments hit record LOW levels

Posted in General
The Healthcare Finance News is reporting that: “Fewer medical malpractice payments were made on behalf of doctors in 2009 than any year on record, according to the National Practitioner Data Bank.” And: “This finding contradicts claims that medical malpractice litigation is to blame for rising healthcare costs and that changing the liability system to the… Continue Reading

$500,000 Bench Trial Verdict in UMC Tort Claims Act Case

Posted in Hinds County Circuit Court, Verdicts in Mississippi
On Wednesday the Clarion-Ledger reported a $500,000 verdict against University of Mississippi Medical Center (“UMC”) in a Hinds County Circuit Court bench trial. Judge Tommie Green presided in the case and rendered the verdict.    The case resulted from the 2005 death of 28–year old Tamika Foster less than 48 hours after the emergency delivery of… Continue Reading

AAJ Publication Identifies Five Myths about Medical Negligence

Posted in General, Tort Reform
In November the American Association of Justice published this report identifying five myths about medical negligence (malpractice). The identified myths are: there are too many frivolous malpractice lawsuits; malpractice claims drive up health care costs; doctors are fleeing; malpractice claims drive up doctors’ insurance premiums; and tort reform lowers insurance rates. Note: Yesterday’s Natchez Democrat… Continue Reading

Miss. S. Ct. reverses Court of Appeals on expert testimony issue

Posted in Mississippi Supreme Court
In a 6-2 vote the Mississippi Supreme Court reversed the Court of Appeals today and awarded summary judgment to the defendants in Estate of Northrop v. Hutto. This was a medical malpractice case where the Harrison County Circuit Court (Judge Lisa Dodson) granted summary judgment to Gulfport Memorial Hospital and other defendants on the grounds… Continue Reading

Miss. Supreme Court Affirms Two Jury Verdicts

Posted in Appellate Decisions From Jury Verdicts, Mississippi Supreme Court
On Thursday the Mississippi Supreme Court affirmed two jury verdicts. The first was Young v. Guild, which was a medical malpractice case against a psychiatrist. The plaintiff alleged that the defendant was negligent in failing to prevent the suicide of one of his patients. In 2004 a jury in the Circuit Court of Yazoo County… Continue Reading

Statistics show few medical malpractice victims compensated

Posted in General
 A Canadian Medical Association article compiles statistics from several studies regarding medical malpractice and the compensation of its victims. Studies show the following: In 2004, Healthgrades, an independent health care ratings company…. [examined] 37 million patient records from all 50 states, representing 45% of all US hospital admissions, found 195,000 hospital deaths from preventable medical errors… Continue Reading