Cavalier v. Memorial Hospital at GulfportAnnotate this Case
While recovering from surgery at Memorial Hospital at Gulfport, eighty-nine-year-old Lautain Scruggs fell after getting out of her hospital bed. Scruggs suffered a serious head injury that required almost immediate surgery. Several years later, Scruggs died; her death was unrelated to the head injury. Scruggs’s daughters Julia Cavalier and Jannette Scruggs McDonald and her estate (collectively Cavalier) filed a complaint against Memorial Hospital for medical negligence. Pursuant to the Mississippi Tort Claims Act, the trial court conducted a bench trial, with the evidence essentially being a battle-of -the-experts on the appropriate standard of care as it related to Memorial Hospital’s fall-risk assessment tool. Ultimately, the trial court found in favor of Memorial Hospital, and Cavalier filed a motion for a new trial. The trial court denied Cavalier’s motion for a new trial, so Cavalier filed this appeal. Finding no reversible error, the Mississippi Supreme Court affirmed.