Tallahatchie General Hospital v. Susan Edwards Howe
154 So. 3d 29
| Miss. | 2015Background
- Myrtice Edwards died at Tallahatchie General Hospital in 2007, and her wrongful-death beneficiaries (Howe) sued for medical malpractice.
- Howe provided a Notice of Claim to county offices, but not to TGH’s CEO, as required by Mississippi Code § 11-46-11(1).
- Howe filed the first complaint on June 2, 2008; the complaint was dismissed for failure to provide proper presuit notice.
- This Court previously held Howe’s substantial-compliance approach was insufficient and remanded for a judgment consistent with that ruling.
- On remand, the trial court dismissed without prejudice, relying on Price v. Clark to toll the statute until a ruling, and Howe later served proper presuit notice in March 2011.
- Howe then filed a second complaint timely, asserting tolling and asserting MTCA claims against TGH.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether filing a complaint tolls the MTCA one-year period. | Howe claims tolling by the first served complaint until court ruling. | TGH argues tolling ends without presuit notice until proper notice is given. | Yes; tolling applies until trial court ruling on notice. |
| Whether the first complaint tolled despite lack of presuit notice. | First complaint should toll under Price v. Clark. | No tolling without proper presuit notice. | First complaint tolled until dismissal; tolling re-applied after proper notice. |
Key Cases Cited
- Price v. Clark, 21 So. 3d 509 (Miss. 2009) (properly served complaint tolls statute despite lack of presuit notice)
- Howe v. Tallahatchie General Hosp., 49 So. 3d 86 (Miss. 2010) (rejected substantial compliance; MTCA notice requirements invoked)
- Mohundro v. Alcorn County, 675 So. 2d 848 (Miss. 1996) (sovereign immunity and MTCA framework foundations)