McGee v. River Region Medical Center
2011 Miss. LEXIS 130
| Miss. | 2011Background
- McGee suffered an IV infiltration and arm burns during treatment at River Region Medical Center.
- McGee sued River Region, Nurse Antley, and Does 1–10 for medical negligence seeking damages.
- Trial court granted a directed verdict for River Region after ruling Dr. Beare’s standard-of-care testimony was not properly proffered.
- Beare was accepted as an expert in nursing but barred from articulating the applicable standard of care.
- The trial court admitted some expert testimony from Nurse Washington and limited evidence of medical bills due to limine rulings about write-offs.
- The Court of Appeals reverses the directed verdict and remands for a new trial, addressing damages separately.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the directed verdict was proper | McGee: Beare could articulate the standard of care. | River Region: Beare lacked predicate to testify on standard of care. | Directed verdict improper; Beare should have been allowed to testify. |
| Whether the damages evidence issues were properly ruled | Collateral-source rule allows full medical bills including 'written off' amounts. | Written-off amounts were not incurred and should be excluded. | Collateral-source does not apply to written-off amounts; total bills admissible for context, but recovery limited to incurred amounts; remand for new trial. |
Key Cases Cited
- Purdon v. Locke, 807 So.2d 373 (Miss. 2001) (recovery of written-off medical expenses and reasonableness of bills)
- Brandon HMA, Inc. v. Bradshaw, 809 So.2d 611 (Miss. 2001) (admissibility of total medical bills vs. Medicaid payments)
- Wal-Mart Stores, Inc. v. Frierson, 818 So.2d 1135 (Miss. 2002) (extension of Brandon HMA to Medicare payments)
- Jackson v. Brumfield, 458 So.2d 736 (Miss. 1984) (jurors may consider total medical expenses to assess injuries)
- Vaughn v. Miss. Baptist Med. Ctr., 20 So.3d 645 (Miss. 2009) (nurses cannot testify as to medical causation)
- Delta Reg'l Med. Ctr. v. Venton, 964 So.2d 500 (Miss. 2007) (elements of medical malpractice and expert testimony standards)
- McDonald v. Mem'l Hosp., 8 So.3d 175 (Miss. 2009) (expert must articulate the standard of care and causation)
- Estate of Northrop v. Hutto, 9 So.3d 381 (Miss. 2009) (expert must establish standard and breach)