254 So. 3d 843
Miss.2018Background
- On May 2, 2013, Phelps underwent left-knee arthroscopy at Mississippi Baptist Medical Center; she developed postoperative shortness of breath, was discharged, later admitted to another hospital with pneumonia, placed on a ventilator, suffered a stroke, and was ultimately ventilator-dependent.
- Phelps filed a medical-malpractice suit in April 2015 against MBMC and treating physicians (Almand, LeDuff, et al.).
- Defendants moved for summary judgment after discovery; Phelps identified an expert by name and provided a brief summary of expected testimony in interrogatory responses but did not produce any sworn expert affidavit or deposition testimony establishing breach and causation.
- The trial court denied Defendants’ motions for summary judgment without opinion; Defendants sought interlocutory appeal to the Mississippi Supreme Court.
- The Supreme Court considered whether the absence of sworn expert testimony required summary judgment for Defendants and concluded Phelps failed to meet her burden to establish a prima facie medical-malpractice case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper when Phelps failed to produce sworn expert testimony on breach and causation | Phelps identified an expert and summarized opinions in discovery; additional time or discovery would cure any deficiency | Lack of any sworn expert testimony is fatal to a medical‑malpractice claim and warrants summary judgment | Court held summary judgment should be granted for Defendants because Phelps produced no sworn expert testimony establishing standard-of-care breach or proximate causation |
Key Cases Cited
- Crosthwait v. S. Health Corp. of Houston, Inc., 94 So. 3d 1070 (Miss. 2012) (elements required to prove medical malpractice)
- Vicksburg Healthcare LLC v. Dees, 152 So. 3d 1171 (Miss. 2014) (expert testimony required to prove breach and proximate cause in malpractice cases)
- Kuiper v. Tarnabine, 20 So. 3d 658 (Miss. 2009) (absence of expert evidence supports summary judgment for defendants)
- Adrabbo v. Johnson, 220 So. 3d 952 (Miss. 2017) (reversal where plaintiff failed to produce expert testimony after adequate discovery)
- Scales v. Lackey Mem'l Hosp., 988 So. 2d 426 (Miss. Ct. App. 2008) (identifying experts in discovery without sworn testimony is insufficient to avoid summary judgment)
- Walker v. Skiwski, 529 So. 2d 184 (Miss. 1988) (listing experts in interrogatories without sworn testimony is a fatal deficiency)
- Neely v. N. Miss. Med. Ctr., Inc., 996 So. 2d 726 (Miss. 2008) (when no genuine issue of material fact exists, moving party entitled to judgment as a matter of law)
- Karpinsky v. American National Ins., 109 So. 3d 84 (Miss. 2013) (summary judgment response must set forth specific facts showing a genuine issue)
- Estate of Northrop v. Hutto, 9 So. 3d 381 (Miss. 2009) (evidence viewed in the light most favorable to nonmoving party)