medical malpractice claim in Mississippi

2015This Court has held that in a medical-malpractice claim, “expert testimony must be used.” Posey v. Burrow, 93 So.3d 905, 907 (¶ 8) (Miss.Ct.App.2012) (quoting Burner v. Gorman, 605 So.2d 805, 809 (Miss.1992)).

2015This Court has held that in a medical-malpractice claim, .“expert testimony must be used.” Posey v. Burrow, 93 So.3d 905, 907 (¶ 8) (Miss.Ct.App.2012) (quoting Barner v. Gorman, 605 So.2d 805, 809 (Miss.1992)).

2020The language of Murphy’s complaint also refers to Dr. Margaitis’s actions as “medical care.” In its order granting the Appellees’ motion for summary judgment, the circuit court outlines the general rule applicable to medical-malpractice suits and cites to medical-malpractice caselaw, such as the familiar case Hubbard v. Wansley, 954 So. 2d 951 (Miss. 2007).

2015A medical-malpractice claim requires that the plaintiffs prove there was “a duty by the defendant to conform to a specific standard of conduct for the protection of others against an unreasonable risk of injury; a failure to conform to the required standard; and an injury to the plaintiff proximately caused by the breach of such duty by the defendant.” Hubbard v. Wansley, 954 So.2d 951, 956-57 (¶ 12) (Miss.2007).

2017This Court has held that in a medical-malpractice claim, “expert testimony must be used.” Posey v. Burrow, 93 So.3d 905, 907 (¶ 8) (Miss.

2015This Court has held that in a medical-malpractice claim, “expert testimony must be used.” Posey v. Burrow, 93 So.3d 905, 907 (¶ 8) (Miss.Ct.App.2012) (quoting Burner v. Gorman, 605 So.2d 805, 809 (Miss.1992)).

2011Estate of Northrop v. Hutto, 9 So.3d 381, 384 (Miss.2009) (citing Earner v. Gorman, 605 So.2d 805, 808-09 (Miss.1992)). ¶ 42.

2011Patterson v. Tibbs, 60 So.3d 742, 753 (¶ 41) (Miss.2011) (quoting Estate of Northrop v. Hutto, 9 So.3d 381, 384 (¶ 9) (Miss.2009)).

2020The essential elements of a medical-malpractice claim that must be shown are: “(1) the applicable standard of care; (2) a failure to conform to the required standard; and (3) an injury proximately caused by a defendant’s noncompliance with the standard.” Norman, 262 So. 3d at 523 (citing Mem’l Hosp. at Gulfport v. White, 170 So. 3d 506, 508 (Miss. 2015)).

2020The essential elements of a medical-malpractice claim that must be shown are: “(1) the applicable standard of care; (2) a failure to conform to the required standard; and (3) an injury proximately caused by a defendant’s noncompliance with the standard.” Norman, 262 So. 3d at 523 (citing Mem’l Hosp. at Gulfport v. White, 170 So. 3d 506, 508 (Miss. 2015)).

2018Id. at 70 (¶ 12). ¶ 13.

2014“A plaintiff in a medical-malpractice case has the burden of proving ‘(1) the existence of a duty by the defendant to conform to a specific standard of conduct for the protection of others against an unreasonable risk of injury; (2) a failure to conform to the required standard; and (3) an injury to the plaintiff proximately caused by the breach of such duty by the defendant.’ ” Johnson v. Pace, 122 So.3d 66, 68 (¶ 8) (Miss.2013) (quoting Hubbard v. Wansley, 954 So.2d 951, 956-957 (¶ 12) (Miss.2007)).

2016Also well established is our precedent that in a medical-malpractice claim, the plaintiff cannot survive a motion for summary judgment “without medical-expert testimony.” Jones v. MEA, Inc., 160 So.3d 241, 246 (¶ 19) (Miss.Ct.App.2015) (citations. omitted).

2016Also well established is our precedent that in a medical-malpractice claim, the plaintiff cannot survive a motion for summary judgment “without medical-expert testimony.” Jones v. MEA Inc., 160 So. 3d 241, 246 (¶19) (Miss.

2015E.g., Cleveland v. Hamil, 119 So.3d 1020, 1023 (¶ 11) (Miss.2013); Univ. of Miss.

2014E.g., Cleveland v. Hamil, 119 So. 3d 1020, 1023 (¶11) (Miss. 2013); Univ. of Miss.

2006In Bowie v. Montfort Jones Memorial Hospital, 861 So.2d 1037, 1043 (Miss.2003), the plaintiffs failed to designate *592 an expert for a medical malpractice claim.

2005In Bowie v. Monfort Jones Memorial Hospital, 861 So. 2d 1037, 1043 (Miss. 2003), the plaintiffs failed to designate an expert for a medical malpractice claim.

2005This Court has stated that "where the matter at issue is not within the scope of a layperson's common knowledge negligence can be proven in a medical malpractice action only where the plaintiff presents medical testimony establishing that the defendant physician failed to use ordinary skill and care." Powell v. Methodist Health Care-Jackson Hosps., 876 So.2d 347, 348 (Miss. 2004) (emphasis added & citations omitted).

2004This Court has stated that “where the matter at issue is not within the scope of a layperson’s common knowledge negligence can be proven in a medical malpractice action only where the plaintiff presents medical testimony establishing that the defendant physician failed to use ordinary skill and care.” Powell v. Methodist Health Care-Jackson Hosps., 876 So. 2d 347, 348 (Miss. 2004) (emphasis added & citations omitted).

2020The essential elements of a medical-malpractice claim that must be shown are: “(1) the applicable standard of care; (2) a failure to conform to the required standard; and (3) an injury proximately caused by a defendant’s noncompliance with the standard.” Norman, 262 So. 3d at 523 (citing Mem’l Hosp. at Gulfport v. White, 170 So. 3d 506, 508 (Miss. 2015)).

2020The essential elements of a medical-malpractice claim that must be shown are: “(1) the applicable standard of care; (2) a failure to conform to the required standard; and (3) an injury proximately caused by a defendant’s noncompliance with the standard.” Norman, 262 So. 3d at 523 (citing Mem’l Hosp. at Gulfport v. White, 170 So. 3d 506, 508 (Miss. 2015)).

2018In Truddle, the trial court granted summary judgment for the defendants due to the plaintiff’s failure to “plead[] . . . [or] create a genuine issue of material fact as to any wrongful act committed by the defendant that caused [the decedent] to commit suicide.” Id. at 695 (¶8).

2010The supreme court considered: whether a trial court may properly grant a Mississippi Rule of Civil Procedure 12(b)(6) motion to dismiss as to the statute of limitations on a medical-malpractice claim when the complaint alleges the victim was of unsound mind, and did *222 not regain soundness of mind prior to death; and whether all torts alleged against a nursing home which arise from the care of its patients are subsumed in the medical-malpractice cause of action.” Id.

2026However, when the plaintiff has made a timely motion, denial of the motion can be an abuse of discretion, particularly when the “request for a continuance [is] reasonable and consistent with Rule 56(f)’s purpose of preventing a premature grant of summary judgment[.]” Stanley v. Scott Petroleum Corp., 184 So. 3d 940, 943 (¶7) (Miss. 2016) (reversing a denial of a motion for a continuance as an abuse of discretion). ¶50.

2024Id. at 577 (¶4).

2024Id. at 118-19 (¶¶15-18).

2017In Truddle , the trial court granted summary judgment for the defendants due to the plaintiff's failure to "plead[ ] ... [or] create a genuine issue of material fact as to any wrongful act committed by the defendant that caused [the decedent] to commit suicide." Id. at 695 (¶ 8).

2016We have held that a medical malpractice claim “must fail” in the absence of “expert medical testimony that articulates the duty of care a physician owes to a particular patient under the circumstances and identifies the particular point that the physician breached that duty and caused injury to the plaintiff.” Potter v. Hopper, 907 So.2d 376, 380 (¶ 10) (Miss.Ct.App.2005) (emphasis added).

2015Id. at 1076 (¶¶ 22-23). ¶ 13.

2014By filing a medical-malpractice claim, Davis knew “from the very moment the suit [was] filed that an expert witness [would] be needed to survive summary judgment.” Scales, 988 So.2d at 436 (¶ 23) (quoting Brooks v. Roberts, 882 So.2d 229, 232 (¶ 10) (Miss.2004)).

2014By filing a medical-malpractice claim, Davis knew “from the very moment the suit [was] filed that an expert witness [would] be needed to survive summary judgment.” Scales, 988 So.2d at 436 (¶ 23) (quoting Brooks v. Roberts, 882 So.2d 229, 232 (¶ 10) (Miss.2004)).

2012Hospitals & Clinics-Holmes Cnty., 942 So.2d 301, 303 (¶ 8) (Miss.Ct.App.2006) (The plaintiff must show by a preponderance of the evidence the required elements of a medical-malpractice claim.). .