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[T] Hodges v. Yelverton

July 21, 1998

CLAUDIA P. HODGES, APPELLANT
v.
RICHARD L. YELVERTON, SR., M.D., APPELLEE



Before Thomas, P.j., Diaz, And Herring, JJ.

The opinion of the court was delivered by: Diaz, J., For The Court:

Hodges v. Yelverton, 96-CA-01241-COA

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 10/04/96

TRIAL JUDGE: HON. JAMES E. GRAVES JR.

COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - MEDICAL MALPRACTICE

TRIAL COURT DISPOSITION: SUMMARY JUDGMENT IN FAVOR OF, APPELLEE

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Claudia P. Hodges filed suit against Dr. Richard L. Yelverton, Sr., M.D. alleging that he was negligent in her follow up treatment after a thyroid scan. Ms. Hodges alleges that the negligent follow up of Dr. Yelverton resulted in a delay of treatment and subsequently caused her to undergo unnecessary surgery. Ms. Hodges further alleges that the surgery caused her to incur medical expenses that would have been otherwise covered by her insurance had Dr. Yelverton not been negligent in her follow up treatment, and she claims a fear of cancer and emotional injury as a result. Ms. Hodges appeals from the order granting summary judgment to Dr. Yelverton. We affirm the judgment of the Hinds County Circuit Court.

On August 23, 1994, Ms. Hodges filed suit against Dr. Yelverton. Dr. Yelverton filed his response with interrogatories on August 31, 1994, including an expert witness interrogatory. After failing to get an adequate response to requests for discovery, Dr. Yelverton filed a "Motion to Compel Discovery or Alternatively for Dismissal" on December 14, 1994, to which Ms. Hodges complied and furnished the necessary response. However, no expert witness was identified by Ms. Hodges. Doctor Yelverton filed a "Motion for Summary Judgment" on August 2, 1996, and in support stated the following grounds, 1) Ms. Hodges has yet to designate an expert witness in support of her claim and 2) that Ms. Hodges has failed to show that she suffered any injury resulting from Dr. Yelverton's alleged failure to follow up with her. The court scheduled the summary judgment ...


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