Premier Medical Group of Mississippi, LLC v. Janice Phelps
Premier Medical Group of Mississippi, LLC v. Janice Phelps
Opinion
¶ 1. This medical-malpractice suit comes before the Court on Defendants' interlocutory appeal from the Hinds County Circuit Court's order denying Defendants' motions for summary judgment. Finding that the plaintiff, Janice Phelps, failed to support her medical-malpractice claims with sworn expert testimony on whether Defendants breached any applicable standard of care owed to Phelps, we reverse the trial court's denial of summary judgment and render judgment in favor of Defendants.
FACTS AND PROCEDURAL HISTORY
¶ 2. On May 2, 2013, Dr. Jeff Almand performed a left-knee arthroscopy on Phelps at Mississippi Baptist Medical Center ("MBMC"). Shortly after surgery, Phelps experienced shortness of breath, and Dr. Jeffrey LeDuff ordered a chest x-ray and placed her on oxygen. Dr. LeDuff subsequently discharged her on May 4, 2013. Two days later, Phelps's shortening of breath worsened, and she went to the emergency room at Southwest Mississippi Regional Medical Center ("SMRMC"). There, she was diagnosed with pneumonia. After being placed on a ventilator, she exhibited signs of a stroke. On May 24, 2013, SMRMC discharged Phelps with a diagnosis of Cebrovascular Accident and Ventilator Dependence and transferred her to Baton Rouge Rehabilitation Hospital.
¶ 3. On April 30, 2015, Phelps filed suit against MBMC, Drs. Almand and LeDuff and others (collectively, "Defendants") alleging medical malpractice arising out of her care and treatment at MBMC. After Defendants answered Phelps's complaint by denying the allegations, they served her with written discovery requests. Fourteen months later, when Defendants filed motions for summary judgment, Phelps answered the discovery, providing the name of her expert witness and a brief description of his expected testimony. The day before the hearing on the motions, Phelps responded to Defendants' motions for summary judgment, again providing only the name of her expert witness and a brief description of his expected testimony.
¶ 4. On May 25, 2017, Judge Kidd entered an order, without opinion, denying Defendants' motions for summary judgment. Defendants thereafter petitioned this Court for interlocutory appeal, claiming that the trial court erred in denying their motion for summary judgment and in providing Phelps additional time to provide her medical-expert affidavit without a specific request. Although Defendants raised these two issues on appeal, we find the second issue moot because, even with the extension of time, Phelps never submitted a medical-expert affidavit. Therefore, the sole issue on appeal is whether the court erred in failing to grant summary judgment in favor of Defendants despite Phelps's failure to provide any sworn expert testimony to support her medical-malpractice claim.
LAW AND ANALYSIS
I. Standard of Review
¶ 5. A trial court's grant or denial of summary judgment is reviewed de novo.
Leffler v. Sharp
,
II. Whether the Circuit Court erred in failing to grant summary judgment in favor of Defendants when Phelps failed to provide any sworn expert testimony.
¶ 6. We consistently have held in cases involving claims of medical malpractice that the plaintiff must prove the following elements in order to establish a prima facie case: (1) a duty existed requiring the defendant to conform to a specific standard of conduct for the protection of others against an unreasonable risk of injury; (2) a failure to conform to the required standard occurred; and (3) such breach of duty by the defendant proximately caused an injury to the plaintiff.
Crosthwait v. S. Health Corp. of Houston, Inc.
,
¶ 7. Expert testimony is essential in medical malpractice cases "because the expert testimony demonstrates how the required standard of care was disregarded, and the testimony certifies that the defendant's 'failure was the proximate cause, or proximate contributing cause' of the injury."
Vicksburg Healthcare LLC v. Dees
,
¶ 8. In
Kuiper
,
¶ 9. Likewise, in
Abdrabbo v. Johnson
,
¶ 10. In
Scales v. Lackey Memorial Hospital
, the plaintiff alleged that summary judgment was premature due to the lack of discovery and that additional discovery would have revealed a genuine issue of material fact.
Scales v. Lackey Mem'l Hosp.
,
¶ 11. In reviewing the trial court's denial of Defendants' motions for summary judgment, we find that the trial court erred because Phelps did not produce any sworn expert testimony establishing the essential elements of her medical-malpractice claim. Phelps had the burden to come forth with sworn expert testimony stating that her physicians had breached the applicable standard of care; she failed to meet this burden. See Karpinsky at 88-89. While Phelps argues she retained a medical expert prior to filing suit and she responded to discovery requests identifying her expert and providing a summary of opinions, she failed to produce any sworn expert testimony by affidavit or otherwise.
¶ 12. In
Walker v. Skiwski
,
CONCLUSION
¶ 13. We find that the trial court erred and that Defendants are entitled to summary judgment. The judgment of the Hinds County Circuit Court is reversed and rendered.
¶ 14. REVERSED AND RENDERED.
WALLER, C.J., RANDOLPH, P.J., KING, COLEMAN, MAXWELL, CHAMBERLIN AND ISHEE, JJ., CONCUR. KITCHENS, P.J., NOT PARTICIPATING.
Reference
- Full Case Name
- MISSISSIPPI BAPTIST MEDICAL CENTER, INC., Premier Medical Group of Mississippi, LLC, Mississippi Sports Medicine and Orthopedic Center, PLLC, Jeffery K. LeDuff, M.D. and Jeff Almand, M.D. v. Janice PHELPS
- Cited By
- 21 cases
- Status
- Published