Rooted in Malpractice

The Mississippi Court of Appeals decided Moore v. Jackson Cardiology Associates, P.A. located here on Tuesday.  The issue in the case was whether a patient falling on a treadmill during a stress test constituted ordinary negligence or medical malpractice.  If it was malpractice, the statute of limitations had run.  The Court of Appeals found that because the patient fell during a medical procedure, this was medical malpractice since it was rooted in medical conduct.    As such, the complaint was not filed within two (2) years and therefore barred.