The University of Mississippi Medical Center v. Leontyne Littleton

213 So. 3d 525
CourtCourt of Appeals of Mississippi
DecidedOctober 4, 2016
DocketNO. 2014-CA-00732-COA
StatusPublished
Cited by11 cases

This text of 213 So. 3d 525 (The University of Mississippi Medical Center v. Leontyne Littleton) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The University of Mississippi Medical Center v. Leontyne Littleton, 213 So. 3d 525 (Mich. Ct. App. 2016).

Opinion

BARNES, J.,

FOR THE COURT:

¶ 1. The University of Mississippi Medical Center (UMMC) appeals the judgment of the Circuit Court of Hinds County, which found UMMC liable under the Mississippi Tort Claims Act for the death of Cleopatra Littleton (Cleopatra), awarding Plaintiff Leontyne Littleton (Littleton), Cleopatra’s mother, the maximum statutory-damage award of $500,000. 1 On appeal, UMMC raises issues focused on the adequacy of causation testimony by Littleton’s expert, Dr. David Wiggins. UMMC argues that the trial court erred in finding Dr. Wiggins qualified as a hospitalist, 2 that his opinions were speculative, and that his opinions and the trial court’s findings on Cleopatra’s cause of death were contradicted by the autopsy reports. Finding error with the trial court’s reliance on the testi- *528 raony of Dr. Wiggins regarding the proximate cause of Cleopatra’s death, we reverse and render judgment in favor of UMMC.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. On February 18, 2009, Cleopatra, a twenty-nine-year-old nursing student and single mother of two young children, went to the emergency room (ER) at Mississippi Baptist Medical Center (Baptist). She complained of a severe headache that had started the previous morning, as well as nausea and dizziness. A CT scan of her brain showed no abnormalities. Cleopatra was diagnosed with a migraine headache, given some pain medication, and told to return to the ER if her condition worsened or changed.

¶3. On February 20, 2009, Cleopatra returned to the Baptist ER, complaining of shortness of breath and vomiting, as well as a severe headache that was not relieved by headache medicine. Dr. Janet Neilson, a second-year family-practice resident from UMMC, treated Cleopatra. 3 Since Cleopatra was a nursing student, she was concerned she may have caught the flu interacting with patients; so Cleopatra was given a flu swab as a professional courtesy. The test was negative. Cleopatra was discharged with antibiotics to treat a possible upper respiratory infection, and pain medication for a migraine headache.

¶ 4. The next afternoon, Saturday, February 21, 2009, Cleopatra went to the UMMC ER, complaining that her headache was worsening, and her vision was blurred. She also complained for the first time that her neck was stiff. A physical examination revealed pain and loss of movement in her neck. She had a temperature of 102 degrees, but her other vitals were normal. Due to these symptoms (which were different and worse than those she presented at the Baptist ER), physicians performed a lumbar puncture, which confirmed a diagnosis of meningitis. Because of Cleopatra’s white blood count and elevated protein in her cerebrospinal fluid, the test results were consistent with bacterial meningitis. Therefore, Cleopatra was given antibiotics and steroids, as well as pain medication, and admitted to the internal-medicine ward in the general hospital at UMMC early Sunday morning, in stable condition. 4

¶ 5. Later, on the morning of Sunday, February 22, 2009, the nurses’ report showed Cleopatra continued to have extreme headache and neck pain, and could not get comfortable; so she was given IV pain medication. Records show her pain subsided, but at 1 p.m. it returned. She was given more pain medication and fell asleep. At 3 p.m., Cleopatra told nurses she was in such pain that she requested medication to “just knock [her] out.” Physicians ordered a morphine IV, and Cleopatra was noted as sleeping at 6:50 p.m. *529 Cleopatra continued to be given antibiotics as well. The parties agree that the antibiotics given were appropriate for bacterial meningitis. 5

¶ 6. Also on Sunday, Cleopatra called her sister, who was in the hospital at UMMC for several chronic illnesses. Cleopatra complained that the nursing staff was not responding to her calls; so her sister called the UMMC help line to rectify the alleged problem. At approximately 5 p.m., Cleopatra was seen by attending physician Dr. John D. Wofford Jr. 6 Cleopatra told him that “when she closed her eyes, she saw people.” Her head ached, and her neck was still stiff. Dr. Wofford noted that Cleopatra probably had viral 7 and not bacterial meningitis, but his plan was to continue treating her with antibiotics, “watch[ing] for clinical responses” to them, because it was still a “mixed picture.” 8 Cleopatra was also treated by third-year resident Dr. Cassell on the hospital floor.

¶ 7. On the morning of Monday, February-23, 2009, Nurse Fells recorded on the nursing progress reports that Cleopatra still complained of neck stiffness and headache, but nothing further. Cleopatra was given morphine through her IV for the pain. At approximately 11 a.m., Cleopatra’s brother, Martin Littleton, went to visit her. Cleopatra had asked him to bring her a baked potato and sweet tea from McAl-listers for her lunch. Martin testified that Cleopatra did not “look like herself.” While visiting for about an hour, Martin witnessed a physician, a nurse, and a nursing assistant treat and give medicine to Cleopatra. She told the medical staff her throat was hurting, her vision was blurred, and one arm was tingling; at 12:35 p,m., Dr. Cassell was notified of these symptoms. Dr. Cassell responded five minutes later that he would report to Cleopatra’s bedside. Her antibiotics were increased, and she was given more morphine through her IV. According to the medical records and Fells, a group of physicians examined *530 Cleopatra between 1:00 and 1:35 p.m., including Drs. Cassell and Shoemaker-Moyle. Dr. Shoemaker-Moyle ordered another CT scan on Cleopatra’s brain at approximately 1 p.m., given her new neurological complaints, to determine if she had a possible mass lesion on her brain. 9 Cleopatra’s vital signs did not change significantly until 4 p.m., when her temperature rose to 102 degrees, and her blood pressure dropped to 91 over 58. 10 Records show Fells was notified of this change. Fells did not notify a physician of this change because she had just given Cleopatra morphine, which would account for this drop in blood pressure. However, both Drs. Wofford and Cassell stated that, in hindsight, they would have preferred to have been notified of the change.

¶ 8. Fells’s testimony and her “daily data records” indicate that she cheeked on Cleopatra at 4:45 p.m. Fells testified that at this time, Cleopatra opened her eyes when Fells came into the room and when she put down the clipboard. Cleopatra did not say anything, and neither did Fells, because Cleopatra was resting.

¶ 9. Martin testified that he returned to the hospital Monday afternoon. Entering the room, he thought Cleopatra was asleep, but wanted a nurse to check on her. He went to the desk, told a secretary, and the secretary found Fells.

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