107 So. 3d 149
Miss.2013Background
- Tamika Foster died after childbirth at UMMC; wrongful-death suit followed by verdict for plaintiffs.
- UMMC challenged sufficiency of autopsy-based medical negligence evidence and trial court’s admission of autopsy-related testimony.
- Autopsy attributed death to myocardial ischemia with arrhythmia secondary to TTP; HELLP vs TTP distinction central to theory.
- ADAMTS13 postmortem testing used to support TTP diagnosis; later science questioned postmortem validity.
- Judge Green found the death proximate to TTP and awarded plaintiffs compensatory damages; Court of Appeals reversed.
- Mississippi Supreme Court reinstated circuit court judgment, rejecting lack of proffer and emphasizing substantial evidence and preservation requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove TTP as cause of death | Fosters evidence supports TTP causation | UMMC claims HELLP; autopsy unreliable | Supported by substantial evidence |
| Exclusion of expert comment on autopsy report | UMMC experts should comment on autopsy findings | Trial court limited autopsy discussion | Not reversible error; no proper proffer |
Key Cases Cited
- City of Jackson v. Perry, 764 So.2d 373 (Miss.2000) (standards for evidentiary and procedural rulings in torts)
- Univ. of Miss. Med. Ctr. v. Pounders, 970 So.2d 141 (Miss.2007) (standard of review for circuit court findings in bench trials)
- Univ. of Miss. Med. Ctr. v. Foster, 107 So.3d 155 (Miss.Ct.App.2011) (appellate treatment of autopsy-related issues)
- Univ. of Miss. Med. Ctr. v. Martin, 994 So.2d 740 (Miss.2008) (proffers and preserved error in expert testimony)