Legal Opinion · Dissent

Christopher Pollan v. Andrew Wartak

Mississippi Supreme Court

Decided December 7, 2017No. 2015–IA–01762–SCTPublished

1Dissent

KING, JUSTICE, DISSENTING:

¶ 28. In wrongful-death actions sounding in medical negligence, the statute of limitations for survival claims does not begin to run until the patient reasonably can be held to have known of the causative relationship between her injury and the conduct of the medical practitioner. Neglen v. Breazeale , 945 So.2d 988 , 990 (Miss. 2006) (citations omitted). The autopsy report in this case definitively revealed for the first time that the patient's neurological injury had resulted from the rapid correction of her sodium levels after a period of severe hyponatremia. No…

2Cases cited5 opinions

  1. Stringer Ex Rel. Stringer v. TrappMississippi Supreme Court · 2010
  2. Sutherland v. Estate of RitterMississippi Supreme Court · 2007
  3. Huss v. GaydenMississippi Supreme Court · 2008
  4. Neglen v. BreazealeMississippi Supreme Court · 2006
  5. Howard R. Holaday, Jr. v. Kyle MooreMississippi Supreme Court · 2015

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