Summary judgment for Defendants was affirmed where the attorney’s certificate that the case was reviewed by an expert prior to filing was not attached to the complaint in compliance with Miss. Code. Ann. § 11-1-58. The court rejected Plaintiff’s substantial compliance argument. The court also rejected Plaintiff’s argument that Defendant waived this defense by failing […]

Summary judgment was affirmed in part and reversed in part. The statute of limitations for underlying acts of negligence applies in a wrongful death suit; thus, Plaintiff claims for negligent acts occurring more than three years prior to the time the lawsuit was filed were barred. The court reversed that part of the summary judgment […]

Plaintiff appealed the trial court’s order granting the motion for summary judgment. “During discovery, the Appellees proposed a request for admissions “asking the plaintiff to admit or deny whether each individual caregiver acted within the standard of care.” Jordan responded to the request with non-responsive answers. After receiving Jordan’s response, the Appellees filed a motion […]

Defendant nursing home moved to compel arbitration. The trial court denied the motion, and the nursing home appealed. The agreement provided that controversies would be arbitrated pursuant to Alternative Dispute Resolution Service Rules of Procedure for Arbitration of the American Health Lawyers Association. Rule 6.06 provided that the “arbitrator may not award consequential, exemplary, incidental, […]

Both parties appealed after the court severed limitations on damages but compelled arbitration. In 2004, Plaintiff filed suit for negligence and violations of the Assisted Living Facilities Act. Alterra moved to compel arbitration because the resident’s agent, who held a power of attorney, signed the Residency Agreement containing an arbitration provision. The court compelled arbitration […]

The nursing home appealed the decision denying its exception of prematurity and exception of no cause of action and non-joinder of a party. The defendant’s appeal was dismissed on procedural grounds, but it was given time to perfect its appeal with the proper application.

The personal representative of the resident’s estate sued multiple corporations for nursing home negligence including Residence Healthcare, a foreign corporation. Residence Healthcare moved to dismiss for lack of personal jurisdiction. Plaintiff is first required to demonstrate that the long-arm statute reaches the defendant; if so, then the court determines whether minimum contacts exist. In this […]

The decision of the trial court was reversed and arbitration was compelled. On September 17, 2002, Mann underwent a total gastrectomy for stomach cancer. On June 18, 2003, after the surgery but prior to surgery to repair a hernia, he signed an arbitration agreement. During the hernia surgery, his bowel was punctured. Following a third […]

Plaintiff brought suit and the nursing home filed an exception based on the immaturity of the claim as it had not been reviewed by the medical review panel. The trial court agreed, sustained the exception and it was affirmed on appeal. The court found six factors making the action subject to the medical malpractice statute: […]

Plaintiff’s daughter sued the nursing home after it asked EMTs to revive Doris Lee; Ms. Lee had a DNR. There were legal deformities and contradictions in three separate DNRs executed between 1996 and 2002. “The record was clear that Mrs. Lee had been under the care of several physicians and had several close calls with […]

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