Cleveland v. Hamil
119 So. 3d 1020
Miss.2013Background
- Emmett Hamil dies from a second ulcer eroding a large vessel after initial treatment for gastrointestinal bleeding and discharge.
- Lanell Hamil sues Dr. Smith-Vaniz, Dr. Cleveland, and Jackson HMA for medical malpractice causing wrongful death.
- During discovery, plaintiff's expert Dr. Louis Silverman testified a discharge-time standard-of-care breach occurred by not prescribing anti-ulcer medication.
- At trial, Silverman unveiled a new theory—that the second ulcer developed in-hospital and should have been detected before discharge; this opinion was undisclosed and admitted over objection.
- The trial court denied a directed verdict against Dr. Smith-Vaniz but granted one for Jackson HMA; the jury returned a verdict against all defendants; post-trial motions for JNOV were denied.
- Court of Appeals reversed the verdicts, rendered judgment for Smith-Vaniz and HMA, but remanded for a new trial against Cleveland due to undisclosed testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether remand for a new trial against Cleveland was proper | Plaintiff contends remand was proper due to surprise undisclosed expert testimony. | Defendant argues remand was improper because no admissible expert support existed for Cleveland. | Remand was erroneous; judgment for Cleveland proper. |
Key Cases Cited
- University of Mississippi Medical Center v. Lanier, 97 So.3d 1197 (Miss. 2012) (admissibility of expert testimony and standards in medical-malpractice cases)
- Hyundai Motor Am. v. Applewhite, 53 So.3d 749 (Miss. 2011) (products liability; expert testimony requirements)
- Bailey Lumber & Supply Co. v. Robinson, 98 So.3d 986 (Miss. 2012) (summary judgment standard; admissible evidence)
- T.K. Stanley, Inc. v. Cason, 614 So.2d 942 (Miss. 1992) (environmental pollution; evidentiary standards)
- Jones v. Hatchett, 504 So.2d 198 (Miss. 1987) (causation and expert proof in negligence)
- Square D Co. v. Edwards, 419 So.2d 1327 (Miss. 1982) (evidence and admissibility in negligence actions)
- Hubbard v. Wansley, 954 So.2d 951 (Miss. 2007) (expert testimony requirements in medical cases)
- Drummond v. Buckley, 627 So.2d 264 (Miss. 1993) (limitations on admissible evidence; JNOV standards)
- Burnham v. Tabb, 508 So.2d 1072 (Miss. 1987) (evidence sufficiency; prima facie case)
- Latham v. Hayes, 495 So.2d 453 (Miss. 1986) (prejudice and admissibility considerations)