Court overturns ruling in orthopedic medical malpractice case –– 7 things to know

Shayna Korol -   Print  |

The Mississippi Supreme Court ruled in favor of orthopedic surgeon Jeff Almand, MD, and several other defendants in a medical malpractice case, according to Legal NewsLine.

Here are seven things to know:

1. Dr. Almand performed arthroscopic knee surgery on the plaintiff May 2, 2013, at Mississippi Baptist Medical Center in Jackson.

2. The patient complained of shortness of breath postoperatively, and internist Jeffery LeDuff, MD, ordered a chest X-ray and placed her on oxygen. She was discharged May 4, 2013. She later went to McComb-based Southwest Mississippi Regional Medical Center's emergency room, where she was diagnosed with pneumonia. The plaintiff was placed on a ventilator and showed signs of a stroke.

3. She was later diagnosed with cerebrovascular accident and ventilator dependence before being transferred to Baton Rouge (La.) Rehabilitation Hospital.

4. In April 2015, she filed a complaint alleging medical malpractice against Drs. Almand and LeDuff, Mississippi Baptist Medical Center, Kosciusko-based Premier Medical Group of Mississippi and Jackson-based Mississippi Sports Medicine and Orthopedic Center.

5. In May 2017, Hinds County (Miss.) Circuit Court Judge Winston L. Kidd issued an order without an opinion denying the defendants' motion for summary judgment. The defendants' interlocutory appeal argued the trial court was wrong in denying the motion and allowing the plaintiff more time to provide a medical-expert affidavit without a specific request.

6. The plaintiff never submitted a medical-expert affidavit and failed to provide any sworn expert testimony to support her malpractice claim.

7. The Supreme Court reversed the trial court's denial of summary judgment and ruled in favor of the defendants.

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