University of Mississippi Medical Center v. Lanier
97 So. 3d 1197
Miss.2012Background
- Barabara Lanier sues University of Mississippi Medical Center (UMC) for medical malpractice and wrongful death after her two-year-old son Darrell Gill Jr. dies in 1998 from CHS complications.
- UMC admitted breach of the standard of care for an incorrect topiramate dosage
- Plaintiff's claim was filed in 2000; notice of claim dated 1999; statute-of-limitations defense raised by UMC but rejected by trial court as waived
- Bench trial in 2008 resulted in a Lanier verdict of $250,000 in Lanier's favor
- UMC stipulated the dosage error; trial focused on causation between dosage error and death vs CHS progression
- Trial court granted Lanier’s motion to conform pleadings to evidence; court later granted directed verdict for Lanier, which this Court reversed and rendered on appeal
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying a directed verdict | Lanier argues Dr. Galvez’s causation testimony is admissible and supports causation | UMC argues Galvez is unqualified and his causation opinion unreliable | Directed verdict error; reversal and render for UMC; causation testimony insufficient |
Key Cases Cited
- University of Mississippi Medical Center v. Gore, 40 So.3d 545 (Miss. 2010) (establishes prima facie medical negligence standard and causation burden)
- Estate ex rel. Campbell v. Calhoun Health Serv., 66 So.3d 129 (Miss. 2011) (causation requires expert medical testimony)
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (U.S. 1993) (Daubert standard for admissibility of expert testimony)
- Catchings v. State, 684 So.2d 591 (Miss. 1996) (experts must form opinions with reasonable medical certainty)
- Brandon HMA, Inc. v. Bradshaw, 809 So.2d 611 (Miss. 2001) (clarifies expert causation testimony must be in terms of medical probability)
- McGee v. River Region Med. Ctr., 59 So.3d 575 (Miss. 2011) (directed verdict review de novo; sufficiency of evidence standard)
- Troupe v. McAuley, 955 So.2d 848 (Miss. 2007) (familiarity with standard of care can support expert qualification)