Yesterday, the Mississippi Court of Appeals affirmed a jury verdict for a physician sued for medical negligence. In Figueroa v. Orleans, the Plaintiff claimed the physician committed malpractice when he performed an ERCP. After a four day trial, the jury found in favor of the physician. On appeal, the Plaintiff alleged the trial court committed error when it refused to allow the Defendant's deposition into evidence. The Court of Appeals disagreed, holding that because the Plaintiff extensively used Dr. Orleans deposition during cross-examination (which the jury heard), there was no error in excluding that deposition from evidence. Also the Court found no error in the fact the jury deliberated only thirty minutes before returning a verdict.
James Heidelberg and Jessica Dupont represented Dr. Orleans on appeal. You can read the entire appellate decision by clicking here. The article on the jury verdict itself can be viewed by clicking here.
Posted on
Wed, July 21, 2010
by Heidelberg Steinberger