Estate ex rel. Campbell v. Calhoun Health Services

66 So. 3d 129, 2011 Miss. LEXIS 345, 2011 WL 2899642
CourtMississippi Supreme Court
DecidedJuly 21, 2011
DocketNo. 2010-CA-00654-SCT
StatusPublished
Cited by10 cases

This text of 66 So. 3d 129 (Estate ex rel. Campbell v. Calhoun Health Services) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate ex rel. Campbell v. Calhoun Health Services, 66 So. 3d 129, 2011 Miss. LEXIS 345, 2011 WL 2899642 (Mich. 2011).

Opinion

DICKINSON, Presiding Justice,

for the Court:

¶ 1. After John Sykes died in the emergency room (ER) of Calhoun Health Services (CHS), his estate sued the hospital for wrongful death, claiming Sykes should have been hooked up to a cardiac monitor. The trial judge1 held the estate had failed to prove that CHS had deviated from the applicable standard of care, and had failed to prove that use of a cardiac monitor would have made a difference. We affirm.

FACTS AND BACKGROUND

¶ 2. CHS’s triage policy — a process used to prioritize emergency-room care — requires a registered nurse to obtain information from emergency-room patients and categorize them as emergent, urgent, or nonurgent. The policy also provides that a nurse may “request assistance from [other] employees,” but “[t]he nurse is responsible for determining the patient’s acuity level.”

¶ 3. When Sykes arrived at CHS’s emergency room on January 1, 2007, at approximately 5:50 p.m., he told the ER clerk he was experiencing “heart racing.” The ER was unusually busy with multiple “emergent” patients who required the attention of the ER physician and two registered nurses on duty.

¶ 4. Ten minutes after Sykes’s arrival, Toby Lafayette, an emergency medical technician, took Sykes’s vital signs, asked him questions about his chief complaint, and assessed him. According to Lafayette, Sykes said his chest was “sore,” but denied that he felt pressure, radiating pain, or sharp or dull pain; he merely repeated that his chest was “sore.” Sykes did not appear to be in distress, was not short of breath, and was not sweating; and he denied having any other symptoms.

¶ 5. Lafayette relayed this information to his boss, Ron Evans, a paramedic, who instructed Lafayette to follow up with additional questions. After doing so, Lafayette wrote down the “pertinent information” on a sticky note and gave it to one of the two ER nurses, Joan Marshall.

¶ 6. After receiving the information from Lafayette and learning about Sykes’s chief complaint of “heart racing,” Nurse Marshall determined that — because Sykes was not in distress, had “essentially stable” vital signs, and had complained only of [132]*132chest “soreness” rather than “pain” — he was a nonurgent patient. Accordingly, Nurse Marshall did not initiate the hospital’s Advanced Cardiac Life Support (ACLS) protocol, which would have involved the use of a cardiac monitor.

¶ 7. When Debbie Stroup Russell — also an ER nurse — arrived at 6:00 p.m. for her 7:00 p.m. shift, she found “a very hectic situation” in the ER. She went to reevaluate the four patients in the waiting room, asking whether any of them felt they needed to be seen immediately. One of the four — not Sykes — raised his hand. After caring for that patient, Nurse Russell assessed Sykes, who repeated his complaint of “chest soreness.” Nurse Russell observed that Sykes was not short of breath or sweating, was not in distress, but was laughing and talking with the other patients in the waiting room. Based on her evaluation and observations, Nurse Russell also determined that Sykes was a nonur-gent patient.

¶8. It is undisputed that some of the required triage information was obtained “piecemeal” from various CHS employees, and that Sykes did not receive a “target assessment of the chief complaint” from a registered nurse; nor did anyone ask him about his medications or medical history.

¶ 9. At about 6:55 p.m., Nurse Russell heard a woman’s scream in the waiting area. She immediately responded and saw a woman running out the door into the parking lot. When another person indicated that something was wrong with Sykes, Nurse Russell checked him and found him unconscious. She immediately called for help and began CPR. The ER doctor, another nurse, and some emergency medical services personnel responded, got Sykes onto a stretcher, and moved him to one of the patient rooms.

¶ 10. Blood was drawn and Sykes was connected to a heart monitor, which revealed that he was in ventricular fibrillation. Attempts to resuscitate him using chest compressions, medication, and electronic defibrillation were unsuccessful, and Sykes was pronounced dead at 7:32 p.m. An autopsy revealed that Sykes had “severe cardiomegaly” (an enlarged heart) and had died of “sudden' cardiac death” related to “severe ... hypertensive heart disease.”

¶ 11. Sykes’s estate sued CHS for wrongful death under the Mississippi Tort Claims Act, alleging that CHS’s “inadequate assessment” had prevented it from recognizing and properly treating Sykes’s cardiac event.

¶ 12. After a bench trial in the Circuit Court of Calhoun County, the trial judge found that, despite CHS’s failure to adhere to its own triage policy, the estate had failed to meet its burden of proving that CHS had deviated from the applicable standard of care. The judge also found that the nature of Sykes’s complaints and his lack of observable symptoms did not require CHS to perform a more extensive evaluation or ACLS protocol; and that, even if Sykes had been attached to a cardiac monitor (as the estate argued he should have been), there was insufficient evidence that any efforts at defibrillation would have saved Sykes’s life. Accordingly, the trial court entered judgment for CHS, and Sykes’s estate now appeals.

ISSUES

¶ 13. The estate raises five issues, which we condense and restate as follows:

I. Was the trial court manifestly wrong in finding that the estate had failed to carry its burden of proving that CHS had breached the applicable standard of care?
II. Was the trial court manifestly wrong in finding that, even if CHS [133]*133had breached the standard of care, the estate did not carry its burden of proving that the breach was the proximate cause of Sykes’s death?

STANDARD OF REVIEW

¶ 14. When reviewing a judgment from a bench trial, this Court employs the “substantial evidence/manifest error rule.”2 That is, the trial court’s findings will be affirmed “unless they are manifestly’wrong, clearly erroneous, or an erroneous legal standard was applied.”3

ANALYSIS

1. The trial court was not manifestly wrong in finding that the estate had failed to carry its burden of proving that CHS had breached the applicable standard of care.

¶ 15. The trial court found that “[t]he plaintiffs in this case have failed to meet their burden of proving, by a preponderance of the evidence, that CHS health care personnel failed to conform to applicable standards of care in a manner that proximately caused or contributed to the death of John Earl Sykes.” The estate argues this finding was manifestly wrong and was not supported by “substantial evidence.”

¶ 16. The estate bore the burden of proof at trial, and its argument that the trial court’s verdict for the defendant was not supported by substantial evidence is misplaced. The defendant, CHS, had no obligation to put on any proof at all; and, unless the estate met its burden of proof, CHS was entitled to a verdict — not because of substantial evidence supporting the defense verdict, but because of insufficient evidence on behalf of the estate.

¶ 17. So whether the trial judge’s verdict in favor of CHS was based on any evidence, substantial or otherwise, is not the question. Rather, the question is whether the estate met its burden of proof.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Louise Gombako-Amos v. Corey Rene Amos
Mississippi Supreme Court, 2026
Patrick Higgins v. State of Mississippi
202 So. 3d 1274 (Court of Appeals of Mississippi, 2016)
Jones v. MEA, Inc.
160 So. 3d 241 (Court of Appeals of Mississippi, 2015)
Ernest Lane, III v. Ronald D. Lampkin
176 So. 3d 62 (Court of Appeals of Mississippi, 2014)
Paula B. Hicks v. Mark S. Bowling
155 So. 3d 907 (Court of Appeals of Mississippi, 2014)
Elray Jones v. Mea, Inc.
Court of Appeals of Mississippi, 2014
University of Mississippi Medical Center v. Lanier
97 So. 3d 1197 (Mississippi Supreme Court, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
66 So. 3d 129, 2011 Miss. LEXIS 345, 2011 WL 2899642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-ex-rel-campbell-v-calhoun-health-services-miss-2011.