Forrest County General Hospital v. Sydney W. Kelley
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2004-IA-00619-COA
FORREST COUNTY GENERAL HOSPITAL
APPELLANT
v.
SYDNEY W. KELLEY
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEYS FOR APPELLANT:
ATTORNEYS FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
APPELLEE
3/11/2004
HONORABLE ROBERT B. HELFRICH
FORREST COUNTY CIRCUIT COURT
R. WEB HEIDELBERG
DEREK R. ARRINGTON
CAREY R. VARNADO
SHANNON S. MCFARLAND
INTERLOCUTORY APPEAL
DENIED HOSPITAL’S MOTION TO DISMISS OR,
IN THE ALTERNATIVE, MOTION FOR
SUMMARY JUDGMENT; GRANTED HOSPITAL’S
MOTION FOR CERTIFICATION FOR
INTERLOCUTORY APPEAL AND STAY OF THE
TRIAL COURT ACTION.
CIRCUIT COURT’S ORDER DENYING THE
HOSPITAL’S MOTION TO DISMISS OR, IN THE
ALTERNATIVE, MOTION FOR SUMMARY
JUDGMENT IS AFFIRMED: 06/28/2005
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE BRIDGES, P.J., GRIFFIS AND ISHEE, JJ.
GRIFFIS, J., FOR THE COURT:
¶1.
Forrest County General Hospital (“Hospital”) filed a Petition for Interlocutory Appeal with the
Mississippi Supreme Court. The Hospital appeals the trial court’s denial of its motion to dismiss or, in the
alternative, motion for summary judgment. The Hospital argues that Kelley’s claims against the Hospital
are barred by the Mississippi Tort Claims Act, Mississippi Code Annotated Section 11-46-11(3) (Rev.
2002), and Mississippi case law, specifically Wayne General Hospital v. Hayes, 868 So. 2d 997 (Miss.
2004).
¶2.
The Supreme Court initially denied the Petition for Interlocutory Appeal. The Hospital then filed
a Motion for Rehearing. The Supreme Court entered an order that found the Hospital’s petition to have
merit and granted reconsideration of the Petition for Interlocutory Appeal. The court then assigned this
case to the Court of Appeals for a “determination of whether an interlocutory appeal is warranted. In the
event the Court of Appeals determines that an interlocutory appeal is warranted, the Court of Appeals shall
then render a decision on the merits of the question presented.” As ordered by the supreme court, this
Court has considered the Hospital’s Petition for Interlocutory Appeal and finds that the interlocutory appeal
is warranted and that the circuit court’s order denying the Hospital’s motion to dismiss or, in the alternative,
motion for summary judgment was correct. Accordingly, we affirm the decision of the circuit court.
FACTS
¶3.
On or about February 12, 2001, Mrs. Anna C. Kelly was admitted to the Hospital’s emergency
department suffering from a myocardial infarction. Pursuant to a physician’s orders, Mrs. Kelly was given
anticoagulation therapy. The anticoagulants TNKASE and Heparin were given to Mrs. Kelley. In
addition, Mrs. Kelley’s pro thrombonin time (PTT) was checked every six hours.
¶4.
On February 13, 2001, Mrs. Kelley had a sudden change in her mental status. Mrs. Kelly’s PTT
was 152, which was abnormal and considered life-threatening for massive bleeding. On February 14,
2001, Mrs. Kelley suffered a brain hemorrhage and died.
¶5.
On March 3, 2003, an attorney for Sydney W. Kelley, the plaintiff in this matter, sent a Notice of
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Claim letter to the Hospital, pursuant to the Mississippi Tort Claims Act (“MTCA”). On July 15, 2003,
Mr. Kelley filed a medical malpractice/wrongful death action against the Hospital. In response, the Hospital
filed a motion to dismiss or, in the alternative, a motion for summary judgment, alleging that the statute of
limitations had expired before the lawsuit was filed. The Forrest County Circuit Court denied the
Hospital’s motion, and the Hospital filed its Petition for Interlocutory Appeal.
STANDARD OF REVIEW
¶6.
On appeal, the reviewing court employs a de novo standard of review of a trial court’s grant or
denial of a motion for summary judgment. Hurdle v. Holloway, 848 So. 2d 183, 185 (¶4) (Miss. 2003).
If there is no genuine issue of material fact, and the movant is entitled to judgment as a matter of law,
summary judgment should be entered for the movant. Id.
ANALYSIS
¶7.
The Hospital is a community hospital owned by Forrest County, a political subdivision of the State
of Mississippi. As such, the Hospital can only be sued in accordance with the MTCA and Mississippi
Code Annotated Section 11-46-1 (Rev. 2002). The MTCA provides for a one-year statute of limitations.
Miss. Code Ann. § 11-46-11(3) (Rev. 2002). The statute begins to run from the date of the “tortious,
wrongful or otherwise actionable conduct on which the liability phase of the action is based.” Id. The
discovery rule applies to the one-year statute of limitations. Moore ex rel. Moore v. Mem’l Hosp. of
Gulfport, 825 So. 2d 658, 667 (¶31) (Miss. 2002); Barnes v. Singing River Hosp. Sys., 733 So. 2d
199, 204 (¶14) (Miss. 1999). The discovery rule tolls the statute of limitations “until a plaintiff should have
reasonably known of some negligent conduct, even if the plaintiff doesn’t know with absolute certainty that
the conduct was legally negligent.” Sarris v. Smith, 782 So. 2d 721, 725 (¶13) (Miss. 2001). Stated
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differently, “the operative time [for the running of the statute of limitations] is when the patient can
reasonably be held to have knowledge of the injury itself, the cause of the injury, and the causative
relationship between the injury and the conduct of the medical practitioner.” Smith v. Sanders, 485 So.
2d 1051, 1052 (Miss. 1986).
¶8.
The issue of whether or not Mr. Kelley’s claims against the Hospital are barred by the statute of
limitations will be decided based on the timely production of the medical records. In March of 2001, two
weeks after Mrs. Kelley’s death, Mr. Kelley made the first request for medical records. The Hospital
responded and informed him that the records were not yet on file. Mr. Kelley tried diligently and
repeatedly over the following months to obtain the records.
¶9.
On September 6, 2001, Mr. Kelley received a small portion, approximately fifty-eight pages, of
the medical records. Mr. Kelley continued to request the entire file without success. Mr. Kelley contends
that he filled out numerous requests for the records and was either told that the file was incomplete,
unavailable, or that his request had been lost, and he would have to make another request.
¶10.
It was not until January 14, 2003, that the full set of medical records, totaling 131 pages, was given
to Mr. Kelley. On January 16, 2003, an expert in nursing rendered her opinion that, based on the medical
records, the nurses’ negligence in the care of Mrs. Kelley caused of her death.
¶11.
On March 3, 2003, approximately six weeks after receiving the complete set of records, Mr.
Kelley filed the Notice of Claim against the Hospital. The complaint in this matter was filed on July 15,
2003.
¶12.
The Hospital argues that Mr. Kelly’s claims are time barred and cites Wayne General Hospital
v. Hayes, 868 So. 2d 997 (Miss. 2004). In Wayne General, the supreme court held that the plaintiffs’
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claim was barred by the statute of limitations since they did not file their action against the defendants until
after the expiration of the MTCA statute of limitations. Id. at 1001 (¶18). The plaintiffs filed suit after a
“chance meeting” and conversation with a treating nurse and former employee of the defendant hospital,
which revealed the nurse’s belief that the defendant hospital negligently caused the decedent’s death. Id.
at 999 (¶6). The court found that the discovery rule applied to the one-year MTCA statute of limitations
and stated that “to claim benefit of the discovery rule, a plaintiff must be reasonably diligent in investigating
the circumstances surrounding the injury. The focus is on the time that the patient discovers, or should have
discovered by the exercise of reasonable diligence, that he probably has an actionable injury.” Id. at 1000
(¶15). In finding the plaintiffs’ claim time barred, the court noted that there was no indication that the
plaintiffs took any investigative action and were therefore “not reasonably diligent in investigating the cause
of [the decedent’s] injuries. Id. at 1001 (¶16).
¶13.
Here, however, we find that there is sufficient evidence to show that Mr. Kelley was reasonably
diligent in investigating the cause of Mrs. Kelley’s death. The medical records were persistently requested,
by either Mr. Kelley or his attorney, for over two and one-half years. There were at least twelve requests
or inquiries made asking for medical records. Medical experts were hired and, upon receipt of the
complete set of records, promptly rendered an opinion. Mr. Kelley submitted a notice of claim and filed
suit shortly after the expert witness determined that the records indicated wrongful conduct.
¶14.
Thereafter, in Wright v. Quesnel, 876 So.2d 362, 367 (¶14)(Miss. 2004), the supreme court
found that the plaintiff “had enough information at the time of the death such that she knew or reasonably
should have known that negligence had occurred.” The court also determined that there was no evidence
that she took any investigative action to determine whether there was a claim until after the statute of
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limitations had expired. Id. at (¶15). Relying on Wayne General, the court affirmed the trial court’s
summary judgment because it “found no issue of fact with respect to whether the discovery rule tolled the
statute of limitations.” Id.
¶15.
Here, applying the principles found in Wayne General and Wright, we reach a different conclusion.
“The intent of the discovery rule is to protect plaintiffs who cannot, through reasonable diligence, discover
injuries done to them.” Wayne General, 868 So. 2d at 1001 (¶16). Mr. Kelley provided sufficient
evidence to support a finding that he was diligent in his pursuit to obtain all of Mrs. Kelley’s medical records
and could not have known of the alleged wrongdoing until he had access to the necessary medical records.
Accordingly, we find that the circuit court properly denied the Hospital’s motion to dismiss or, in the
alternative, motion for summary judgment.
¶16. THE JUDGMENT OF THE CIRCUIT COURT OF FORREST COUNTY DENYING
FORREST COUNTY GENERAL HOSPITAL’S MOTION TO DISMISS OR, IN THE
ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT IS HEREBY AFFIRMED. ALL
COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANTS.
KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, MYERS, CHANDLER, BARNES
AND ISHEE, JJ., CONCUR.
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