Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Estate of Butler v. PHC-Cleveland Inc.

Court of Appeals of Mississippi

June 18, 2019

ESTATE OF AMELIA BUTLER, BY AND THROUGH THE ADMINISTRATOR, JONATHAN BUTLER; JAMES BUTLER, PERRY BUTLER, ANGELA JOHNSON, JENNIFER BUTLER, JEREMIAH BUTLER AND JAKESHA BUTLER, INDIVIDUALLY APPELLANTS
v.
PHC-CLEVELAND INC. D/B/A BOLIVAR MEDICAL CENTER APPELLEE

          DATE OF JUDGMENT: 12/05/2017

          BOLIVAR COUNTY CIRCUIT COURT HON. CHARLES E. WEBSTER, TRIAL JUDGE.

          ATTORNEY FOR APPELLANTS: AZKI SHAH

          ATTORNEYS FOR APPELLEE: KIMBERLY NELSON HOWLAND CHARLES EDWARD COWAN

          BEFORE BARNES, C.J., TINDELL AND McCARTY, JJ.

          McCARTY, J.

         ¶1. Jonathan Butler initiated a lawsuit in the Bolivar County Circuit Court against PHC- Cleveland Inc. d/b/a Bolivar Medical Center ("Bolivar"), alleging that his mother, Amelia Butler, died as a result of Bolivar's medical malpractice. Bolivar filed a motion for summary judgment, asserting that Jonathan's claims were barred by the statute of limitations. The circuit court granted the motion and dismissed the case. Jonathan now appeals, alleging that the circuit court erred in finding that the statute of limitations for his claims began to run on the day Amelia passed away.[1]

         ¶2. Because the two-year limitations period had run by the time Jonathan filed his complaint, we affirm the dismissal of this claim via summary judgment. By holding that Jonathan's wrongful-death claim is barred by the statute of limitations, his other claims are likewise barred. For that reason we will not address Jonathan's claims for loss of consortium and negligent infliction of emotional distress.

         FACTS AND PROCEDURAL HISTORY

         ¶3. Amelia Butler was a seventy-year-old, long-term care patient first admitted to Bolivar following a stroke. Amelia passed away on January 7, 2013, after being moved several times between Bolivar and a specialty hospital in Greenwood, Mississippi. When she was first admitted to Bolivar, Amelia was unable to bear weight and remained mostly bed bound. Bolivar's records indicate that Amelia had no skin breakdown upon her arrival. However, over the next seven months, she developed multiple stage III and stage IV decubitus ulcers.[2]Amelia's death certificate was issued on January 22, 2013. The certificate listed the following as her cause of death: (1) cardiopulmonary arrest; (2) severe sepsis; and (3) multiple decubitus ulcers.

         ¶4. Amelia was posthumously transferred to Redmond Funeral Home. A funeral home employee called her son, Jonathan, and told him that he needed to come immediately. There Jonathan was shown the various wounds on his mother's body. He took photographs of her injuries. Afterward, Jonathan collected Amelia's records from her medical providers to "get answers" for his mother.

         ¶5. Jonathan then proceeded to contact an attorney, who in turn enlisted a medical expert's help to determine Amelia's cause of death. The medical expert provided a report on June 1, 2015. The expert concluded Bolivar had breached the standard of care owed to Amelia Butler. This breach was a contributing cause of Amelia's death. A notice of intent was provided to Bolivar on August 31, 2015, and the complaint was filed December 15, 2015.

         ¶6. Bolivar sought dismissal, arguing that Jonathan knew of Amelia's injuries and had been put on notice of any potential negligence before Amelia's passing. At the hearing, the court found that Amelia's wounds were not latent injuries, and so the statute of limitations began to run on the date of her death. Jonathan now appeals the dismissal of his claims.

         STANDARD ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.