154 So. 3d 935
Miss. Ct. App.2015Background
- Haley sues Jurgenson and Ageless Remedies entities for medical negligence after a photofacial laser procedure allegedly burns his face on December 17, 2008 in Flowood, MS.
- Defendants contend no one at Ageless performed the procedure; Haley later testified that Faucett performed it.
- Complaint filed October 26, 2010; asserted medical negligence, negligent training/supervision, and negligent infliction of emotional distress.
- Defendants moved for summary judgment January 16, 2013, arguing Haley failed to show causation and lacked an expert to support the claim.
- Circuit court granted summary judgment on June 14, 2013, finding no admissible expert causation evidence and no prima facie medical-malpractice case.
- Court of Appeals affirms, holding Haley failed to produce competent expert testimony establishing standard of care and proximate causation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation in medical malpractice requires expert proof | Haley argues causation evidence can be shown without expert if records or testimony suffice. | Haley must present competent expert testimony identifying standard of care and proximate causation. | No genuine issue; expert testimony required; affirm. |
Key Cases Cited
- Posey v. Barrow, 93 So. 3d 905 (Miss. Ct. App. 2012) (requires expert testimony on standard and proximate causation in medical malpractice)
- Langley ex rel. Langley v. Miles, 956 So. 2d 970 (Miss. Ct. App. 2006) (prima facie medical negligence requires sworn expert evidence of standard, breach, and causation)
- Barner v. Gorman, 605 So. 2d 805 (Miss. 1992) (establishes standard of care and breach required in medical-malpractice proof)
- Karpinsky v. Am. Nat'l Ins. Co., 109 So. 3d 84 (Miss. 2013) (summary-judgment burden and de novo review framework)