University of Mississippi Medical Center v. Foster
2011 WL 6157338
Miss.2011Background
- Foster was diagnosed with HELLP during late pregnancy and delivered by C‑section on Aug 18, 2005 at UMMC; she died Aug 20, 2005 after respiratory arrest.
- An autopsy tested ADAMTS13 for TTP and eventually concluded death was due to TTP with a HELLP history; the death certificate listed HELLP as the cause.
- Foster’s parents sued UMMC on Malik’s behalf for negligently failing to diagnose/treat TTP, alleging TTP contributed to the death.
- A bench trial focused on the autopsy findings; the court refused to allow UMMC to present countervailing expert testimony on the autopsy and postmortem ADAMTS13 validity.
- The circuit court ruled Foster had died of TTP and breached standard of care, awarding about $500,000, but the Mississippi Supreme Court later reversed and rendered in UMMC’s favor.
- UMMC appeals challenged reliance on the autopsy and exclusion of expert testimony regarding the autopsy findings and the ADAMTS13 test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court properly relied on the autopsy to find TTP | Fosters' death caused by TTP supported by autopsy | Autopsy results unreliable; not sufficient evidence | Reversed: autopsy-based TTP finding insufficient |
| Whether postmortem ADAMTS13 results are admissible/valid | Autopsy ADAMTS13 supports TTP diagnosis | Postmortem blood invalid for ADAMTS13 | Reversed: postmortem ADAMTS13 evidence unreliable |
| Whether UMMC could present experts to challenge autopsy findings | Experts corroborate autopsy conclusion of TTP | Experts not qualified to challenge pathology | Reversed: exclusion of experts reversible error |
| Whether evidence supports negligence for HELLP rather than TTP | UMMC breached standard by missing TTP diagnosis | UMMC followed standard care for HELLP; no TTP breach | Remanded/No breach proven; autopsy unsupported |
Key Cases Cited
- InTown Lessee Assocs., LLC v. Howard, 67 So.3d 711 (Miss. 2011) (waiver of evidentiary objections if not preserved at trial)
- Univ. of Miss. Med. Ctr. v. Pounders, 970 So.2d 141 (Miss. 2007) (expert admissibility and scope based on knowledge, not profession)
- Worthy v. McNair, 37 So.3d 609 (Miss. 2010) (trial court’s discretion on expert testimony regarding cause of death)
- Mississippi Transp. Comm’n v. McLemore, 863 So.2d 31 (Miss. 2003) (requires medical support for conclusions not purely methodological)
- White v. Stewman, 932 So.2d 27 (Miss. 2006) (substantial evidence standard for circuit court findings in bench trials)