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Mem'l Hosp. at Gulfport v. White

Supreme Court of Mississippi

July 30, 2015

MEMORIAL HOSPITAL AT GULFPORT
v.
BARRY G. WHITE

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 01/16/2014. TRIAL JUDGE: HON. LAWRENCE PAUL BOURGEOIS, JR.

AFFIRMED.

FOR APPELLANT: ROLAND F. SAMSON, III, MATTHEW FORTE POWERS.

FOR APPELLEE: BEN F. GALLOWAY, III, JOE SAM OWEN.

BEFORE DICKINSON, P.J., KITCHENS AND CHANDLER, JJ. WALLER, C.J., RANDOLPH, P.J., LAMAR, KITCHENS, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR.

OPINION

Page 507

DICKINSON, PRESIDING JUSTICE

[¶1] In this medical-negligence lawsuit brought against Memorial Hospital at Gulfport, the circuit judge entered a judgment for the plaintiff, Barry G. White. On appeal, Memorial attacks White's expert witnesses' testimony, claiming they failed to provide medical literature to support their opinions. Because they were not required to do so, we affirm.

FACTS AND PROCEDURAL HISTORY

[¶2] On August 8, 2009, at approximately 8:00 a.m., White arrived at Hancock Medical Center's emergency room, suffering from slurred speech and tingling in his extremities. But after a CT scan came back negative for any acute intracranial findings, he was released.

[¶3] The next day, White experienced slurred speech and left-sided numbness, so he went to Memorial Hospital's emergency room at approximately 2:07 p.m., and advised the nurses that he thought he was having a stroke. After being diagnosed with left-sided tingling/hypertension, he was given Norvasc for blood pressure, instructed to follow up with his personal physician during the week, and discharged.

[¶4] The following day, White returned to Hancock Medical Center's emergency room at approximately 3:57 a.m., complaining that he had fallen about an hour earlier. He informed the medical personnel that he could not move his left upper or lower extremities and that he had difficulty speaking. He was then transported to Memorial Hospital, where he arrived and was admitted at approximately 6:29 a.m. A CT scan showed no acute intracranial findings, but on August 11, 2009, an MRI showed a completed stroke. On August 14, 2009, White was admitted to Physical Medicine and Rehabilitation, where he remained until he was discharged on September 15, 2009. White then underwent approximately four to five months of out-patient occupational therapy, speech therapy, and physical therapy.

[¶5] White then filed this medical malpractice action in the Harrison County Circuit Court, claiming that Hancock Medical Center and Memorial Hospital failed to provide the correct diagnosis. He alleged that, had he received the appropriate treatment, the completed stroke could have been prevented. White settled with Hancock prior to trial, leaving only his claim against Memorial.

[¶6] Before trial, Memorial moved for summary judgment and to exclude the testimony of White's medical experts, Dr. Bryan Barrilleaux and Dr. Terry Millette, arguing that their opinions on medical causation should be excluded because they were not supported by medical literature or peer-reviewed studies. After hearing ...


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