Leanora McClain, Individually and on Behalf of the Wrongful-Death Beneficiaries of Carlton McClain, Deceased v. Steven G. Clark, M.D., Bennie B. Wright, M.D., Tarence E. Wade, M.D., and Bolivar Medical Center

Summary

The Supreme Court of Mississippi considered whether Leanora McClain sufficiently complied with Mississippi Code Annotated Section 11-1-58 by serving a certificate of review before filing a wrongful-death medical-malpractice action. The court held that pre-suit requirements were satisfied and that the complaint could not be dismissed merely because the certificate was not attached to the complaint. The court reversed and remanded, directing the trial court to determine whether a separate statute-of-limitations defense applied to defendant Steven G. Clark.

Holdings

1. A complaint otherwise properly filed may not be dismissed solely because the plaintiff failed to attach the certificate or waiver required by Mississippi Code Annotated Section 11-1-58. The plaintiff must nevertheless satisfy the statute's pre-suit requirements.
2. McClain satisfied the pre-suit requirements of Section 11-1-58 by serving her certificate of review in January 2006 before filing suit in April 2006.
3. The circuit court must determine on remand whether Clark was an employee of a state entity covered by the Mississippi Tort Claims Act during the alleged negligent conduct and, if so, whether the one-year statute of limitations in Section 11-46-11 had expired.

Questions Presented

1. Whether McClain complied with Mississippi Code Annotated Section 11-1-58 by serving a certificate of review before filing the complaint, despite not attaching a certificate to the complaint or amended complaint.
2. Whether the circuit court properly dismissed the action with prejudice based on the alleged failure to comply with Section 11-1-58 and the statute of limitations.
3. Whether the statute of limitations under the Mississippi Tort Claims Act may bar the claim against Clark if he was an employee of a state entity covered by that Act.

Disposition

reversed_and_remanded