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MRS. MOZELL SATCHER v. DR. WINFRED WISER

FEBRUARY 19, 1986

MRS. MOZELL SATCHER
v.
DR. WINFRED WISER, DR. MARCIA NEWSOM, DR. BROOKS GRIFFIN, DR. LINWOOD SHANNON, AND LAURA LEWIS



EN BANC

PATTERSON, CHIEF JUSTICE, FOR THE COURT:

Mrs. Mozell Satcher filed suit against the doctors and nurse (named above) in Circuit Court of the First Judicial District of Hinds County prior to the effective date of the Mississippi Rules of Civil Procedure. Each defendant demurred to the declaration, as amended, and each demurrer was sustained. Aggrieved with these rulings, Mrs. Satcher appeals and assigns as error:

1. The court erred in sustaining appellees' general demurrers to appellant's amended declaration and dismissing this cause with prejudice;

 2. The court erred in sustaining appellees' affirmative defenses to appellant's amended declaration and dismissing this cause with prejudice.

 The amended declaration of Mrs. Satcher, in pertinent part, designated the following as defendants: Dr. Winfred Wiser, a staff physician of the Obstretrics and Gynecology Section of the University of Mississippi Medical Center; Dr. Marcia Newsom, a physician in her first year of residency training at the University of Mississippi Medical Center; Dr. Brooks Griffin, a physician in his second year of residency training at the University of Mississippi Medical Center; Dr. Linwood Shannon, a physician in his fourth year of residency training at the University of Mississippi Medical Center; and Laura Lewis, a registered nurse at the University of Mississippi Medical Center. The material allegations of the declaration are common to each of the

 defendants except Dr. Newsom, who was alleged to be the" primary or main treating physician. "The declaration follows in part:

 " At all times material herein, Defendant Newsom was a physician in her first year of residency training at The University of Mississippi Medical Center, licensed to practice medicine in the State of Mississippi, and who was the primary or main treating physician at same hospital with respect to the treatment, diagnosis, care and management of Mrs. Satcher's labor, and who had a duty to exercise

 (a) a proper diagnosis of Mrs. Satcher and her infant's condition,

 (b) good medical judgment in the treatment, diagnosis, care and management of Mrs. Satcher and her infant,

 (c) proper management of Mrs. Satcher's labor,

 (d) proper care and attention to Mrs. Satcher and her infant, and not to abandon the care and treatment of Mrs. Satcher and her infant, and

 (e) the prequisite training in the treatment, diagnosis, care and management of Mrs. Satcher and her infant. "

 * * * * *

 " On or about 11:15, September 23, 1979, Mrs. Mozell Satcher was admitted to The University of Mississippi Medical Center complaining of labor pains and engaged The University of Mississippi Medical Center, the defendants and the staff at said hospital to care and treat her in the delivery of her baby. Mrs. Satcher at this time was having strong pains and had been having strong pains since 9:00 p.m.

 At 3:00 a.m., September 24, 1979, Mrs. Satcher was admitted ...


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