Regan v. South Central Regional Medical CenterAnnotate this Case
Shelia Regan filed her first medical-malpractice claim against South Central Regional Medical Center in 2005. Three lawsuits, two appeals, and more than ten years later, there was no trial. Her present lawsuit was reinstated in 2010. But since then, it languished for more than five years. During this time, Regan took only one deposition. Based on her inactivity, the trial judge granted South Central’s motion to dismiss her case without prejudice for failure to prosecute, finding lesser sanctions insufficient. Finding no error, this Court affirms the trial court’s dismissal without prejudice. Regan appealed, arguing: (1) the trial court failed to consider her lawyer’s communications with defense counsel; (2) the trial judge did not consider lesser sanctions; and (3) dismissal without prejudice here is tantamount to a dismissal with prejudice. Finding no reversible error, the Mississippi Supreme Court affirmed.