Sheffield v. Sheffield

405 So. 2d 1314
CourtMississippi Supreme Court
DecidedNovember 18, 1981
Docket52709
StatusPublished
Cited by35 cases

This text of 405 So. 2d 1314 (Sheffield v. Sheffield) 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
Sheffield v. Sheffield, 405 So. 2d 1314 (Mich. 1981).

Opinion

405 So.2d 1314 (1981)

Dr. J.W. SHEFFIELD
v.
Ricky SHEFFIELD and Debra Sheffield.

No. 52709.

Supreme Court of Mississippi.

July 15, 1981.
As Modified On Denial of Rehearing November 18, 1981.

W.P. Mitchell, Mitchell, Eskridge, Voge, Clayton & Beasley, Tupelo, for appellant.

Nora J. Hall, Roy O. Parker, David O. Butts, Tupelo, for appellees.

Before ROBERTSON, P.J., and SUGG and BROOM, JJ.

BROOM, Justice, for the Court:

Medical malpractice is the theory of the wrongful death action of Ricky Sheffield and Debra Sheffield (plaintiffs) for the death of their newborn baby. Named as defendants were Dr. J.W. Sheffield, M.D., Itawamba County Hospital, Gena Farrar and Peggy Kent. Kent was non-suited. The jury exonerated all other defendants except Dr. Sheffield (appellant) against whom it returned a verdict for $100,000 actual and $2,500 punitive damages. Judgment was accordingly entered. Challenged by Dr. Sheffield's appeal is the trial court's action in allowing into evidence testimony concerning Dr. Sheffield's former drug abuse problem and granting and refusing certain jury instructions. We reverse.

Dr. Sheffield was engaged in 1977 to look after the plaintiff Debra Sheffield during her pregnancy and the delivery of her expected baby. Between Dr. Sheffield, Debra and her Husband Ricky was an understanding *1315 that the baby would be delivered at the Itawamba County Hospital unless some problem arose which he could not handle in which case the baby would be transferred to a Tupelo or Amory hospital. When Debra consulted Dr. Sheffield on January 12, 1978, he advised her that she was in early labor. He ruptured her placenta and had her admitted to Itawamba County Hospital where he examined her at about 3 o'clock p.m. and found delivery not to be imminent. Leaving instructions to be called if needed, he returned to his nearby office, but about 4:55 p.m. the baby was born in the labor room before he could be notified and come to the hospital. Dr. Sheffield arrived shortly afterward and found the baby to have a mild degree of distress but was physically normal. The baby was put in the nursery, and again the doctor returned to his office. At about 8:30 p.m. he returned to the hospital after being notified that the baby was in distress. At that time he administered respiratory distress medications, and the baby satisfactorily responded to the extent that the doctor left instructions to be called if needed and went home. Next morning at about 6:25 a.m., Dr. Sheffield was called to the hospital and found the baby in shock with severe distress and acidosis. The baby failed to respond to treatment and died of bronchopneumonia.

The parents' declaration against Dr. Sheffield alleged that he was negligent in failing to exercise the degree of skill and care ordinarily exercised by other physicians in the Itawamba County area and by failing properly to diagnose the baby's illness. It further alleged that he knew or should have known that the baby needed special care not available at the Itawamba County Hospital, negligently failed to have the baby transported to Tupelo or Amory for proper treatment when it experienced complications, and failed to inform the plaintiffs of the complications so that they themselves might have transported the baby to receive proper treatment.

Plaintiffs took Dr. Sheffield's deposition prior to trial thereby discovering that he had experienced a prior drug abuse problem. Dr. Sheffield then filed a motion in limine requesting the court to exclude his cross-examination in the presence of the jury as to his drug problem. The motion was overruled, and he was cross-examined in the jury's presence concerning his drug problem. Also, witnesses Spigner and Marlin were examined concerning their knowledge of the drug problem of Dr. Sheffield whose objection was overruled.

DID THE TRIAL COURT ERR IN ALLOWING CROSS EXAMINATION OF DR. SHEFFIELD CONCERNING HIS FORMER DRUG ABUSE PROBLEM AND IN ALLOWING WITNESSES SPIGNER AND MARLIN TO TESTIFY AS TO DR. SHEFFIELD'S DRUG PROBLEM? Main thrust of the declaration against Dr. Sheffield was the charge that he was negligent in failing properly to diagnose the baby's illness, in failing to have the baby moved to another hospital for treatment after complications developed, and in failing to advise the baby's parents about the complications so that they could transfer the baby for treatment. Absent from the declaration was any charge that Dr. Sheffield was under the influence of drugs at any time when he was treating the baby or that he was at any time involved in the use of drugs.

When the plaintiffs took Dr. Sheffield's pre-trial deposition, it was revealed that he had a prior history of using drugs. His response was a motion in limine to exclude questions and proof regarding his former drug abuse problem as well as actions taken by medical regulatory authorities pertaining to his drug problem, treatment, and his prescribing drugs. When this motion in limine was heard, the plaintiffs conceded that they did not plead the use of drugs although they now contend that such proof was relevant to his mental capacity, perception, memory, trustworthiness, accuracy, truthfulness, veracity and credibility as a witness. At the hearing, the trial judge reserved a ruling on whether Dr. Sheffield would be cross-examined on the drug issue and further ruled that he would not allow the plaintiffs to develop the drug *1316 abuse problem in making out their case. In voir diring the jurors, and over Dr. Sheffield's objections, the plaintiffs were allowed to question the jurors if any of them were a drug addict. When the plaintiffs were presenting their case in chief they offered Dr. Sheffield's deposition, and he objected to all questions relating to drug abuse as contained in it. The objections were sustained, but the court indicated it would permit the plaintiffs to cross-examine Dr. Sheffield pertaining to his drug abuse. Dr. Sheffield was called as an adverse witness and, over his objections, was cross-examined in detail concerning his previous drug problem. The testimony developed that about two years prior to his moving from Piedmont, Alabama, where he was practicing, to Fulton, he was using drugs. He moved to Fulton in March 1977. He had received drug treatment in Alabama about six months prior to moving to Fulton, and was taking drugs every few days when he came to Fulton. He was not taking drugs (Demerol and Leritine) when he delivered the baby and testified that he had not taken any since the fall of 1977. After the baby's death in January 1978, a fellow physician, Dr. Marlin, complained to the state board about Dr. Sheffield's past drug problem, but the death of the child was in no way connected with the drug complaint.

In their brief the parents state:

There was no direct proof of Dr. Sheffield's being under the influence of drugs at the time in question.

We think in view of the state of this particular record, it was error to allow jury presentation of testimony related to Dr. Sheffield's former drug problem. The case would be in a better posture insofar as the parents of the baby are concerned had their declaration charged that Dr. Sheffield was under the influence of drugs and that his ability was in some aspect affected during the time that the baby was delivered or cared for before or after delivery. At the hearing of the motion in limine to exclude the doctor's drug abuse problem, the parents indicated that they desired to present testimony of his drug use to go to his credibility.

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Bluebook (online)
405 So. 2d 1314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheffield-v-sheffield-miss-1981.