185 So. 3d 981
Miss.2015Background
- Aldridge was treated for recurrent DVT by Dr. Peoples at St. Dominic in April 2010 and started on anticoagulation with Lovenox and Coumadin.
- Aldridge was discharged April 30, 2010 to Trinity, with INR 1.79 and no internal bleeding.
- Dr. Jones at Trinity continued Coumadin after transfer and began monitoring and adjusting the INR; May 3, 2010 INR was 3.6 and Coumadin was withheld briefly, then resumed; May 10 INR was 2.3 with continued 5 mg dose.
- Dr. Jones’s INR monitoring continued intermittently, with a noted May 24 INR of 2.1 and no further INR draws ordered thereafter.
- Aldridge suffered a fatal hemorrhagic stroke on June 25, 2010, after having been under Dr. Jones’s care for nearly two months; death certificate listed cardiopulmonary arrest due to brain hemorrhage.
- Tamara Glenn, Aldridge’s daughter, sued Dr. Peoples in May 2011 for wrongful death, asserting negligent monitoring, negligent prescription, respondeat superior, and res ipsa loquitor; summary judgment was granted in favor of Dr. Peoples in January 2014, prompting appeal on negligent-prescription and negligent-monitoring theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Peoples breach the standard of care by prescribing Coumadin? | Glenn asserts breach via improper risk-benefit treatment and inadequate consideration of Aldridge's factors. | Peoples followed standard care, conducted risk-benefit analysis; monitoring responsibility waned after transfer. | Genuine issue of material fact on breach remains |
| Did Peoples's alleged breach proximately cause Aldridge's death? | If Coumadin caused the brain bleed, it was a proximate result of negligent prescription. | Stroke occurred long after discharge; evidence shows later care by Jones; prescription causation unlikely. | No proven proximate causation; reliance on Jones's care and timing undermines link |
| Did the circuit court err in granting summary judgment on negligent-monitoring and negligent-prescription claims? | Summary judgment incorrect where genuine issues of breach and causation exist. | Evidence supports no breach or lack of causation; Jones’s actions separate from Peoples; summary judgment proper. | Affirmed summary judgment; Glenn failed to prove causation |
Key Cases Cited
- Delta Reg'l Med. Ctr. v. Venton, 964 So.2d 500 (Miss. 2007) (establishes elements of medical malpractice and proximate causation)
- Canton Broiler Farms, Inc. v. Warren, 214 So.2d 671 (Miss. 1968) (foreseeability of intervening negligent acts)
- Meridian Hatcheries, Inc. v. Troutman, 93 So.2d 472 (Miss. 1957) (proximate cause and foreseeability concepts in tort)
- Southland Management Company v. Brown, 730 So.2d 43 (Miss. 1998) (six-factor test for superseding cause)
- Glover ex rel. Glover v. Jackson State Univ., 968 So.2d 1267 (Miss. 2007) (Restatement-based foreseeability considerations in proximate cause)