Green v. Singing River Health Sys.
| Decision Date | 04 February 2020 |
| Docket Number | NO. 2019-CA-00207-COA,2019-CA-00207-COA |
| Citation | 294 So.3d 646 |
| Parties | Debra GREEN, Appellant v. SINGING RIVER HEALTH SYSTEM, Appellee |
| Court | Mississippi Court of Appeals |
EN BANC.
MODIFIED OPINION ON MOTION FOR REHEARING
McDONALD, J., FOR THE COURT:
¶1. The motion for rehearing is denied. The original opinion is withdrawn, and this modified opinion is substituted in its place.
¶2. In November 2016, Singing River Hospital (Singing River) sent letters to patients who were treated for multiple sclerosis by its employee, Dr. Terry Millette (Millette). The letter said that there had been questions about Millette's patient care and that re-evaluations of his patients were needed. After Debra Green (Green) was reevaluated in May 2017 and learned she did not have multiple sclerosis, she sent a notice of claim to the hospital in January 2018. On May 29, 2018, she filed a medical negligence suit against the hospital seeking damages. Singing River, a Mississippi Tort Claims Act (MTCA)1 entity, filed a motion to dismiss the action, which the circuit court granted. It held that Green failed to file suit within the statutorily prescribed time limit, calculating the one-year limitations period to have begun running on November 16, 2016, the date of Singing River's letter to Millette's patients. Green appeals, and after consideration of the law and the parties' arguments, we reverse the court's judgment and remand.
Facts
¶3. Green had been Millette's patient for many years, both when he was in private practice and after he became an employee of Singing River in 2011. Over the years, she was diagnosed with spasmodic torticollis, a neurological disorder
, for which she received Botox treatments. In August 2015 she reported to the nurse practitioner in Millette's clinic at Singing River that she was falling frequently, that her gait had become more unsteady, and that her memory was not as sharp as it had been. An MRI was scheduled. After the MRI, Green saw another nurse practitioner in the clinic who documented symptoms of memory loss, unsteady gait, and blurred vision. Her MRI revealed multiple white-matter lesions in both hemispheres of her brain. This finding resulted in a diagnosis of probable multiple sclerosis, and medication to treat it was prescribed. She began having daily injections of Copaxone in addition to her other medication. She saw Millette in November 2015 when he determined that she had possible demyelinating syndrome (a disease damaging the protective covering of the nerve fibers, which includes multiple sclerosis ). Thereafter, Millette continued prescribing medications consistent with her multiple sclerosis diagnosis.
¶4. Unbeknowst to Green, three doctors communicated to hospital officials their concerns about Millete's pattern of diagnosis and/or treatment that they felt may be inappropriate. In a memo dated May 10, 2016, these doctors acknowledged that medicine is not an exact science and that approaches to diagnosis and treatment may differ among doctors. However, they said their concern "goes beyond diagnostic error or uncertainty that we feel would be expected ...." They attached a sampling of medical records for the hospital to review and reiterated that "this communication does not serve to accuse any individual of wrongdoing." They did not ask that any action be taken against Millette. It is unclear what specific actions Singing River took in response to this memo, but ultimately it did result in Millette's separation from the hospital and a letter being sent to his patients, including Green.
¶5. The November 16, 2016 letter reads in pertinent parts:
. As a result, we immediately began a review of Dr. Millette's medical activity. During the course of this ongoing review , the decision was made that
Dr. Millette would no longer base his practice at Singing River.
We recognize that competent medical professionals often have differing opinions, especially when it involves complex neurological conditions. Given the questions that have been raised about Dr. Millette's medical practices, we would like to work with you to obtain a re-evaluation of your diagnosis and treatment plan with another doctor.
(Emphasis added).
¶6. According to Singing River, it also released an announcement to the press concerning the matter. Dated November 17, 2016, the press release contained much of the same information as that in the patient letter. It noted that the hospital had an internal process of review where some questions were raised about Millette's diagnosis and treatment of patients with multiple sclerosis. As a result, the decision was made that Millette would no longer be allowed to practice at Singing River. The press release went on to say that Singing River was working with regional and national experts to "ensure the best possible transition" of its patients' medical care.
¶7. The hospital also sent a memo to the "Patient Hotline Staff" with instructions about how to handle calls received in response to the patient letter. The memo provided a script of potential questions and answers that should be given. These included: "How did this happen?"; "Who is going to take care of me now?"; "Should I keep taking the medications?"; et cetera. One question was, "Does this mean that I don't have MS?" The scripted answer was, To the potential question, "Do I need an attorney?" the response was,
¶8. After receiving her letter, Green contacted Singing River, which arranged for her to be evaluated by another neurologist.2 This evaluation with a new doctor, Dr. Elizabeth Minto of Mobile, Alabama, occurred in early 2017 and concluded in May 2017 when Minto determined that Green did not have multiple sclerosis
and did not need further treatment.3
¶9. After learning that Millette misdiagnosed her, Green sent Singing River and Millete the pre-suit "Notice of Claim" letter as required by Mississippi Code Annotated section 11-46-11 (Rev. 2012) on January 30, 2018. Neither responded, and on May 29, 2018, Green filed suit against Singing River for the negligence of its employee, Millette.
¶10. Singing River moved to dismiss Green's complaint, claiming that the action was time-barred. It argued that Green was put on notice of her possible claim against Millette when she received the November 16, 2016 letter and that she therefore had until November 16, 2017, to send her notice-of-claim letter and then file suit. The hospital also noted in its motion that there had been a press release issued November 17, 2016, concerning Millette's departure, which the hospital claimed gave Green additional notice of her potential claim.
¶11. In response to the motion to dismiss, Green contended that the November 2016 letter lacked sufficient facts to put her on notice that she personally had been misdiagnosed by Millete. She contended that she did not know of her injury until May 2017. In the alternative, if there were any dispute as to when she learned of her claim, then that was a matter that should be submitted to a jury.
¶12. After argument by counsel, the circuit court found Green's claims untimely and dismissed her case. In its ruling, the court referred to a similar case that was argued at the same time, Davis v. Millette , with similar facts, that the court had dismissed as well.4 There, another patient of Millette's had received the November 2016 letter and allegedly filed an untimely suit. The circuit court adopted its reasoning in Davis and held that Green went to the doctor to get another opinion because the letter from the hospital informed her that there may be a problem. The problem was then confirmed in May 2017. Because the statute of limitations is subject to the discovery rule, the circuit court found that the one-year limitations period on Green's complaint began to run in November 2016 and expired in November 2017. The circuit court entered a judgment dismissing the civil action, and Green appealed to this Court.
¶13. Green contends that Singing River's November 2016 generic letter did not put her on notice that she had a claim against Millette and the hospital. In the alternative, she argued that the issue of whether the...
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