Crosthwait v. Southern Health Corp. of Houston, Inc.
94 So. 3d 1070
Miss.2012Background
- Hospital and nurse Morgan were sued after Crosthwait, an elderly hospitalized patient, slipped and injured after a shower incident; trial court granted summary judgment for hospital and Morgan; Court of Appeals affirmed; Mississippi Supreme Court granted certiorari.
- Crosthwait, admitted May 22, 2008 for diabetes-related fluctuating blood sugar, was instructed to ring a bell for nurse assistance when rising.
- On May 24, 2008 Crosthwait showered; Morgan assisted, then left; dispute arises over water on floor and subsequent assistance.
- Plaintiff alleged multiple proximate causes including failure to assist, inappropriate shower stool, failure to wipe/ dry floor, and failure to help exit; fall caused a broken hip and loss of mobility.
- Defendants argued the claim is medical malpractice requiring expert testimony under Miss. Code Ann. § 15-1-36(1)-(2); Crosthwait argued ordinary negligence, not requiring expert testimony.
- The majority held Crosthwait’s claims stemmed from medical professional services requiring specialized knowledge; summary judgment was proper due to lack of expert testimony and pre-suit compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim is medical malpractice or ordinary negligence | Crosthwait’s injuries resulted from ordinary care outside medical services | Morgan’s actions constitute medical services under the statute | Claim is medical negligence; expert proof required |
| Whether expert testimony was required to survive summary judgment | Not required if ordinary negligence standards apply | Expert testimony needed to prove standard of care and causation | Expert testimony required; absence warrants summary judgment |
| Whether Coleman factors should be adopted | Coleman factors guide analysis | Coleman factors not adopted by this Court | Coleman factors not adopted; Bell/Lyons/Ratliff standard applied |
Key Cases Cited
- Bell v. West Harrison County Dist., 523 So.2d 1031 (Miss. 1988) (nurse decision requires medical professional knowledge)
- Lyons v. Biloxi Inc., 925 So.2d 151 (Miss. Ct. App. 2006) (therapy decision requiring professional knowledge can be medical negligence)
- Ratliff v. Employers’ Liab. Assurance Corp., 515 S.W.2d 225 (Ky. 1974) (nurses’ ability to return patient safely involves expert judgment)
- Burton v. Choctaw County, 730 So.2d 1 (Miss. 1997) (defines professional services injuries include evaluation of patient condition)
- Smith v. Gilmore Mem'l Hosp., 952 So.2d 177 (Miss. 2007) (summary judgment when no expert proof on standard of care and causation)
- Hubbard v. Wansley, 954 So.2d 951 (Miss. 2007) (elements of medical malpractice and need for expert testimony)