Griffin v. North Mississippi Medical Center
66 So. 3d 670
Miss. Ct. App.2011Background
- Griffin filed a wrongful-death claim against North Mississippi Medical Center (NMMC) alleging vicarious liability for a nurse’s negligence.
- The circuit court entered a directed verdict in favor of NMMC, which Griffin appeals.
- Dr. Terry Pinson surgically placed a hemodialysis catheter and punctured Stephens’s carotid artery during the procedure.
- Nurse Crenshaw cared for Stephens in recovery; Stephens bleeds and deteriorates postoperatively.
- Griffin pursued a lost-chance theory, arguing timely recognition/warning would have yielded a better outcome.
- The court affirmed the directed verdict, holding Dr. Truly’s testimony did not establish proximate cause in a lost-chance case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proximate cause in lost-chance medical malpractice | Griffin argues Crenshaw’s failure to recognize and warn caused death | NMMC contends Truly isn’t competent to link nurse delay to death | Proximate cause not proven; directed verdict affirmed |
| Adequacy of expert testimony on causation | Dr. Truly’s testimony suffices to prove causation | Dr. Truly lacks surgical- causation expertise; cannot opine on what surgeons would have done | No; court held Truly’s causation testimony insufficient for lost-chance claim |
Key Cases Cited
- Drummond v. Buckley, 627 So.2d 264 (Miss. 1993) (elements of medical malpractice prima facie case; expert proof required)
- Banner v. Gorman, 605 So.2d 805 (Miss. 1992) (expert testimony necessary to prove breach and proximate cause)
- Hubbard v. Wansley, 954 So.2d 951 (Miss. 2007) (gatekeeping on expert qualifications; not every doctor is an expert in every case)
- Latham v. Hayes, 495 So.2d 453 (Miss. 1986) (standard for proving proximate cause in medical malpractice)