Marcia Marie v. Heather North, M.D.

180 So. 3d 624, 2015 Miss. LEXIS 518, 2015 WL 5996929
CourtMississippi Supreme Court
DecidedOctober 15, 2015
Docket2014-CA-00505-SCT
StatusPublished

This text of 180 So. 3d 624 (Marcia Marie v. Heather North, M.D.) 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
Marcia Marie v. Heather North, M.D., 180 So. 3d 624, 2015 Miss. LEXIS 518, 2015 WL 5996929 (Mich. 2015).

Opinions

RANDOLPH, Presiding Justice,

for the Court:

¶ 1. In this “battle of the experts” case, the trial court first denied a motion in limine by Marcia and Donald Marie to exclude entries made by Dr. Dennis Boul-ware, a consulting physician, in his medical records and then denied the Maries’ Motion for Judgment Notwithstanding the Verdict (JNOV) after a judgment was entered in favor of Dr. Heather North and Gulfshore Medical Consultants. Finding that the trial court did not err, we affirm its judgment.

STATEMENT OF FACTS AND PROCEEDINGS BELOW

¶ 2. Beginning in November 2001, Marcia Marie began experiencing lower extremity pain. She first sought treatment from her family physician, who referred her to an orthopedist, who then referred her to Dr. Heather North, an internist and rheumatologist. Dr. North treated Marie beginning from the spring of 2002 until January 2004, for inflammatory arthritis associated with inflammatory chronic immune demyelinating polyneuropathy1 and monoclonal gammopathy of unknown sig[626]*626nificance.2 In , December 2003, Marie was hospitalized for increasing complaints of excruciating pain and sleeplessness. During her hospitalization, Dr. North determined that Marie’s right leg had no circulation from the knee down. Marie was diagnosed with distal lower extremity vas-culitis and ischemic 'right foot, steroid induced diabetes, chronic immune demyeli-nating- polyneuropathy, and monoclonal gammopathy of unknown significance.

¶ 3. Dr. North then referred Marcia to Dr. Boulware, a rheumatologist at the University of Alabama at Birmingham, for a second opinion. On December 19, 2003, Dr; Boulware agreed with Dr. North’s assessment and treatment,3 noting in the same paragraph of his clinic note that Marcia would most likely “lose some of her toes and possibly part of her foot, if not up to the level of her knee.” On December 22, 2003, Marcia’s right leg was amputated below her right knee. In June 2004, half of Marcia’s big toe on her left foot was amputated.

¶ 4. Marcia and Donald Marie filed suit in Harrison County Circuit Court against Heather North, M.D., and Gulfshore Medical Consultants, P.A., (collectively referred' to as “Dr. North”), alleging the defendants were negligent in their medical care- and treatment of Marcia Marie, which resulted in the amputations.

¶ 5. Prior to trial, the Maries filed three motions in limine. The Maries requested that the court redact a portion of Dr. Boulware’s .medical records, a clinic note, which read, “[s]he has been treated - and evaluated extremely well by Dr. North and at this time was strongly encouraged to maintain follow-up with her.” , The Maries argued this entry was “an unsubstantiated opinion based on speculation and not the full medical records.” The Maries also argued that Dr. Boulware had not been designated as an expert witness and was not subject to cross-examination.

¶ 6. The Maries also requested that the court exclude any testimony regarding a conversation Dr. North had with Dr. Leonard Serebro. Dr. North testified that Dr. Serebro told her “you’re doing the best that can be done.” Based on Dr. North’s deposition testimony, neither the conversation nor the content of the conversation was ever recorded in Marcia’s medical records. The Maries made the same legal argument as they made in the motion regarding Dr. Boulware.

¶ 7. Finally, the Maries asked the court to redact portions of Dr. Henry Stonning-ton’s medical records, a consultation note which read: “I really do think that Dr. North is on the right track.” The Maries’ legal argument was verbatim of the arguments in the other two motions.4

¶ 8. In response to all three motions in limine, Dr. North argued that all were admissible under Rules 803(4) and 803(6) of the Mississippi Rules of Evidence. The trial court denied the motions in limine as [627]*627to Drs. Boulware and Stonnington because the consultation notes were found in the medical records. As to Dr, Serebro, the trial court granted the motion because nothing was memorialized in the, medical records about the conversation between Dr. North and Dr. Serebro. The Maries offered Marcia’s complete medical records, which included the entries of both Drs. Boulware and Stonnington as trial exhibits with the same objections as stated in their motions in limine.

¶ 9. During the four-day trial, the jury heard testimony from the Maries, Dr. North, and experts for both sides. All parties argued in their briefs that this case was a “classic battle of the experts.” Ultimately,, the jury determined that Dr. North was not negligent in her medical care and treatment of Marcia. The trial court entered a final judgment in favor of Dr. North and -Gulfshore Medical Consultants, P.A.

1Í10. The Maries filed a motion for JNOV or, in the alternative, -for a new trial. The Maries argued that the trial court had abused its discretion in denying the motion in limine to redact Dr. Boul-ware’s consultation note. After the trial court denied the Maries’ motion for JNOV, the Maries requested that -the trial court enter findings of fact and conclusions of law. The trial court denied the ore tenus motion. The Maries timely filed notice of this appeal, arguing that Dr. Boulware’s medical records were inadmissible under Mississippi Rules of Evidence 803(4), 803(6), and 403, and that Dr. Boulware’s statements were improper expert testimony, inter alia. Finding the trial court- did not err in admitting the medical records, we affirm the trial court’s judgment.

ANALYSIS

¶ 11. The standard of review for admissibility of evidence is abuse of discretion, Bullock v. Lott, 964 So.2d 1119, 1132 (Miss.2007), and the standard, of review for a JNOV is de novo. Bus. Commc’ns, Inc. v. Banks, 90 So.3d 1221, 1224 (Miss.2012) (citing Watts v. Radiator Specialty Co., 990 So.2d 143, 150. (Miss.2008)). “A motion for JNOV is a challenge to the legal sufficiency of the evidence, and this Court will affirm the denial of a JNOV if there is substantial evidence to support the verdict.” United Servs. Auto. Ass’n (USSA) v. Lisanby, 47 So.3d 1172, 1176 (Miss.2010) (citing. Adcock v. Miss. Transp. Comm’n, 981 So.2d 942, 948 (Miss.2008)). This Court is required to “view the evidence in the light most favorable to the nonmoving party.” Mollaghan v. Varnell, 105 So.3d 291, 300 (Miss.2012). “'[I]f there is substantial evidence in support of the verdict, that is, evidence of such quality and weight that reasonable and fair minded jurors in the exercise of impartial judgment might have reached different conclusions, affir-mance is required.” Corley v. Evans, 835 So.2d 30, 37 (Miss.2003). (quoting Fitzner Pontiac-Buick-Cadillac, Inc. v. Smith, 523 So.2d 324, 326 (Miss.1988)).

¶ 12. The evidentiary issues the Maries raised relate to Dr. ■ Boulware’s medical records. In their motion in limine, the Maries sought to exclude entries Dr. Boul-ware had made in his consultation notes. The Maries argue that the trial court should ’have granted the motion and such denial was an abuse of discretion.

¶ 13. Dr. Boulware saw Marcia after Marcia was told she most likély would lose her foot due to vasculitis. The Maries hoped a second opinion by Dr, Boulware would provide them with other options aside from amputation. According to Dr.

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

Related

Jenkins v. State
507 So. 2d 89 (Mississippi Supreme Court, 1987)
Adcock v. MISSISSIPPI TRANSP. COM'N
981 So. 2d 942 (Mississippi Supreme Court, 2008)
Blackwell v. Dairymen, Inc.
369 So. 2d 511 (Mississippi Supreme Court, 1979)
Fitzner Pontiac-Buick-Cadillac v. Smith
523 So. 2d 324 (Mississippi Supreme Court, 1988)
Ross v. State
954 So. 2d 968 (Mississippi Supreme Court, 2007)
Troupe v. McAuley
955 So. 2d 848 (Mississippi Supreme Court, 2007)
Valmain v. State
5 So. 3d 1079 (Mississippi Supreme Court, 2009)
Worthy v. McNair
37 So. 3d 609 (Mississippi Supreme Court, 2010)
Smith v. State
656 So. 2d 95 (Mississippi Supreme Court, 1995)
Watts v. Radiator Specialty Co.
990 So. 2d 143 (Mississippi Supreme Court, 2008)
Bullock v. Lott
964 So. 2d 1119 (Mississippi Supreme Court, 2007)
Brown v. State
890 So. 2d 901 (Mississippi Supreme Court, 2004)
Gee v. Hawkins
402 So. 2d 825 (Mississippi Supreme Court, 1981)
Branch v. State
998 So. 2d 411 (Mississippi Supreme Court, 2008)
Scafidel v. Crawford
486 So. 2d 370 (Mississippi Supreme Court, 1986)
Foster v. Noel
715 So. 2d 174 (Mississippi Supreme Court, 1998)
Irby v. State
893 So. 2d 1042 (Mississippi Supreme Court, 2004)
Jones v. State
920 So. 2d 465 (Mississippi Supreme Court, 2006)
Corley v. Evans
835 So. 2d 30 (Mississippi Supreme Court, 2003)
United Services Automobile Ass'n v. Lisanby
47 So. 3d 1172 (Mississippi Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
180 So. 3d 624, 2015 Miss. LEXIS 518, 2015 WL 5996929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcia-marie-v-heather-north-md-miss-2015.