Hyde v. MartinAnnotate this Case
Edward and Pattie Hyde brought a medical-negligence case based on loss of chance. Their theory was that the treating physician’s and hospital’s failure to properly test for and timely diagnose Edward’s stroke resulted in his not receiving treatment, namely, an injection of Tissue Plasminogen Activator, (tPA) which they claimed would have led to a better stroke recovery. The trial court dismissed the claim, and the Hydes appealed, asking the Mississippi Supreme Court to abandon long-standing precedent on loss-of-chance. They argued under Mississippi law, they could recover for the "reduced likelihood of a recovery." The Supreme Court was clear “that Mississippi law does not permit recovery of damages because of mere diminishment of the ‘chance of recovery.’” However, the trial court erred in dismissing the Hydes' claim on summary judgment: the Hydes presented expert medical testimony that the majority of stroke patients who timely receive tPA experience substantial improvement. Because their expert supported his opinion with medical literature, the trial judge abused his discretion by excluding this testimony. The Hydes’ expert testimony created a material fact dispute over whether they could recover for loss-of-chance. The Court therefore reversed summary judgment and remanded for further proceedings.