Crosthwait v. Southern Health Corp. of Houston, Inc.

Summary

The Mississippi Supreme Court considered whether claims arising from a hospital nurse’s alleged failure to assist an elderly patient walking from a shower constituted ordinary negligence or medical negligence. The court held that determining the patient’s need for assistance required professional knowledge and judgment, making the claim one for medical negligence. Because the plaintiff did not provide pre-suit notice or expert testimony, the court affirmed summary judgment for the hospital and nurse.

Holdings

1. A patient's claim that a registered nurse failed to provide necessary assistance in walking to and from a shower is a medical-negligence claim when determining the need for assistance requires professional knowledge and judgment concerning the patient's medical condition and physical limitations.
2. In a medical-negligence action, expert testimony is required to establish the applicable standard of care, breach of that standard, and proximate causation unless an applicable exception applies.
3. The Supreme Court of Mississippi declined to adopt the factors developed in Coleman v. Deno for determining whether a claim is medical malpractice.
4. Summary judgment for the hospital and nurse was proper because Crosthwait's claim was medical negligence and she failed to provide the required expert testimony.

Questions Presented

1. Whether Crosthwait's allegations concerning assistance in walking to and from the shower constituted medical negligence or ordinary negligence.
2. Whether expert testimony was required to establish the applicable standard of care, breach, and proximate causation.
3. Whether summary judgment was proper when Crosthwait failed to provide pre-suit notice, consult an expert before filing suit, or present expert testimony.

Disposition

affirmed