Emedinews: Insights on Medicolegal issues - Supreme Court of Mississippi affirmed a summary judgment in favor of physician

In 2002, the Supreme Court of Mississippi affirmed a summary judgment in favor of physician in the case of Martha K. Ekornes-Duncan v. Rankin Medical Center and Steven L. Chouteau

• The Rankin Country Circuit Court, Mississippi, gave the judgment in favor of physician and medical center, in  the case of the mother of a victim alleging medical negligence in the treatment of her son. The mother alleged that the trial court erred in granting summary judgment to the medical center and also found error with the trial court’s decisions to deny her motions for continuance, prohibit introduction of demonstrative evidence, allow the introduction of undisclosed business records, limit cross-examination of a medical expert and permit improper closing arguments.

•  The appellate court found that the mother failed to show any negligence on the part of the medical center by appropriate expert medical testimony. Even if the affidavits were allowed, the negligence assigned had already been provisionally diagnosed. There was nothing to substantiate the mother’s claim that she suffered injustice or prejudice from the denial of her motions for continuance.
  
  
• The mother’s claims that she was prejudiced by the trial court’s allowing the physician to use a log book were not properly before the appellate court. Defendant’s closing argument was not improper as an objection was made and sustained, the statement was rephrased, and counsel took the opportunity to further address the statement during his closing. Short jury deliberations did not automatically evidence bias or prejudice.
  
  
• The judgment was affirmed by the Supreme Court of Mississippi.

  

(Ref: American College of Legal Medicine, The Medical Malpractice Survival Handbook)
(Contributed by Dr Sudhir Gupta)