Estate of Northrop v. Hutto

9 So. 3d 381, 2009 Miss. LEXIS 248, 2009 WL 1411366
CourtMississippi Supreme Court
DecidedMay 21, 2009
Docket2007-CT-00355-SCT
StatusPublished
Cited by43 cases

This text of 9 So. 3d 381 (Estate of Northrop v. Hutto) 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 of Northrop v. Hutto, 9 So. 3d 381, 2009 Miss. LEXIS 248, 2009 WL 1411366 (Mich. 2009).

Opinions

ON WRIT OF CERTIORARI.

RANDOLPH, Justice,

for the Court.

¶ 1. This medical malpractice case is before this Court on writ of certiorari. A divided Court of Appeals reversed a grant of summary judgment in favor of the defendants. Northrop v. Hutto, 9 So.3d 388, 2008 Miss.App. LEXIS 352 (Miss. Ct.App. June 10, 2008). The issue before the Court is what testimony is required from a medical expert witness to establish a prima facie case sufficient to defeat a motion for summary judgment in a medical-malpractice case. Our body of law requires medical experts to articulate a specific, objectively-determined standard of care. The legal requirement remains unchanged. The plaintiff must establish the existence of a recognized duty to the patient, and a breach of that duty, which results in injury proximately caused by the breach.

¶ 2. We conclude that the Court of Appeals decision is in conflict with its own prior decisions and the published opinions of this Court. The Court of Appeals majority held that summary judgment was inappropriate because the plaintiff, as non-movant, should benefit when doubt exists as to whether a fact is at issue. Northrop, 9 So.3d at 390, 2008 Miss.App. LEXIS 352 at *9. However, the first bridge that must be crossed is establishing duty, which is a legal question. If a plaintiff fails to establish an objectively-determined standard of care and attendant breach by competent medical testimony, summary judgment is appropriate.

FACTS

¶ 3. The plaintiff, Abner K. Northrop, Jr. (“Northrop”), had a radical prostatecto-my at the Memorial Hospital at Gulfport in March 1999. His surgeon was Dr. Ronald Brown (“Dr. Brown”). Anesthesia services were provided by the defendants, Thomas P. Letard, M.D. (“Dr. Letard”), Davis R. Hutto, CRNA1 (“Hutto”), and Stanley Turner, CRNA (“Turner”). Dr. Letard led the anesthesia team and supervised the two CRNAs. Dr. Letard was in the operating room at the beginning of the procedure and left Hutto in attendance [383]*383after the intubation and induction of Northrop. Turner relieved Hutto near the end of the procedure.

¶ 4. Northrop had multiple intravenous catheters (“IVs”) in place, including a peripheral IV in each arm and a central line in his neck. All IV lines were in place and functioning when Northrop was brought to the operating room. Northrop’s arms were extended at ninety-degree angles from his body, and were taped to arm boards. Northrop’s upper body, including his arms, was covered with a Bair Hug-ger2 and a blanket. Hutto taped the patient’s arms to the boards, placed the Bam Hugger and blanket, and taped the blanket to the boards. The IV site in the left arm was latent during the surgery. The surgery lasted approximately three hours and ten minutes. During this time, among their many other responsibilities, the anesthesia team members were responsible for maintaining the IV lines. The team monitored the function of the IVs by multiple methods, including checking vital signs every five minutes, monitoring the IV drip rate, and monitoring the patient’s effective response to IV medications and fluids.

¶ 5. Upon completion of the surgery, Turner removed the Bah- Hugger and blanket and discovered that the IV in the left arm had extravasated.3 Turner removed the IV and informed Dr. Letard. The team called Dr. Alton H. Dauterive (“Dr. Dauterive”), a vascular surgeon. Dr. Dauterive diagnosed compartment syndrome and performed a fasciotomy4 on Northrop while he was still under anesthesia. A few days later, Dr. Dauterive closed the incisions. One incision required a skin graft, which was taken from Northrop’s thigh. Northrop’s arm fully recovered, albeit with some scarring, with full range of motion and all nerves intact.

PROCEDURAL HISTORY

¶ 6. Northrop filed suit, alleging medical malpractice, in the Circuit Court of the First Judicial District of Harrison County, against Hutto, Turner, Dr. Letard, and the Memorial Hospital at Gulfport. Upon completion of discovery, the defendants moved for summary judgment. The circuit court granted summary judgment for the defendants, finding that Northrop’s expert, Dr. Felipe Urclaneta ,(“Dr. Urdane-ta”), had not articulated a standard of care, nor had he shown that any of the defendants had breached the standard or that any breach was the proximate cause of Northrop’s injuries. A divided Court of Appeals reversed the grant of summary judgnent and remanded the case to the circuit court. Id. at 391-92, 2008 Miss. ■ App. LEXIS *10. The dissent concluded that Northrop’s expert had “failed to establish the standard of care, and even if a standard of care was established, there exists no genuine issue of material fact as to the elements of breach and causation.” Id. The Court of Appeals denied the defendants’ motion for rehearing. Northrop v. Hutto, 2008 Miss.App. LEXIS 652 (Miss. Ct.App. Oct. 21, 2008). This Court granted the defendants’ petitions for certiorari. Northrop v. Hutto, 2009 Miss. LEXIS 54 (Miss. Feb. 3, 2009).

[384]*384 ANALYSIS

¶ 7. We consider whether Northrop’s expert articulated the required standard of care.

f 8. Our standard of review is de novo, as follows:

The circuit court’s grant of a motion for summary judgment is reviewed by this Court de novo. See Wilner v. White, 929 So.2d 315, 318 (Miss.2006).... In this Court’s de novo review, “[t]he evidence must be viewed in the light most favorable to the party against whom the motion has been made.” Daniels v. GNB, Inc., 629 So.2d 595, 599 (Miss.1993) (citation omitted).

Kilhullen v. Kan. City S. Ry., 2009 Miss. LEXIS 87, *15-16 (Miss. Jan. 6, 2009).

Whether Northrop’s expert articulated the required standard of care.

¶ 9. To make a prima facie case of medical malpractice, the following elements must be shown:

the existence of a duty on the part of the physician to conform to the specific standard of conduct, the applicable standard of care, the failure to perform to that standard, that the breach of duty by the physician was the proximate cause of the plaintiffs injury, and that damages to plaintiff have resulted.

Barner v. Gorman, 605 So.2d 805, 808-09 (Miss.1992). This Court has stated that the “general rule is that the negligence of a physician may be established only by expert medical testimony.” Palmer v. Biloxi Reg’l Med. Ctr., 564 So.2d 1346, 1355 (Miss.1990) (quoting Cole v. Wiggins, 487 So.2d 203, 206 (Miss.1986)). A physician is under a duty to meet the national standard of care.

[G]iven the circumstances of each patient, each physician has a duty to ... treat ... each patient, with such reasonable diligence, skill, competence, and prudence as are practiced by minimally competent physicians in the same specialty or general field of practice throughout the United States....

Palmer, 564 So.2d at 1354 (citing Hall v. Hilbun, 466 So.2d 856, 873 (Miss.1985)). See also Maxwell v. Baptist Mem’l Hosp. Desoto, Inc., 958 So.2d 284, 289 (Miss.Ct. App.2007). The standard articulated must be objective, not subjective. This Court stated in Hall,

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Cite This Page — Counsel Stack

Bluebook (online)
9 So. 3d 381, 2009 Miss. LEXIS 248, 2009 WL 1411366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-northrop-v-hutto-miss-2009.