Tuesday, May 26, 2015

Medical Malpractice Case of Interest

Last Thursday, the Mississippi Supreme Court affirmed a medical malpractice case without a full decision in Mallette v. Dye located here.  This is a medical malpractice case with a factual dispute over where the case should be filed.  Ultimately, the case was a 4-4 split.  When this happens, the decision of the trial court is affirmed.  The issue appears to be that the malpractice potentially occurred in two (2) separate counties.  The trial court had refused to transfer the defendants who were in a separate county.  This would potentially result in two (2) separate suits being necessary.  The briefs in the case are worth filing away. 

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