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Torts Keyed to Dobbs
Laney v. Vance
Citation:
112 So. 3d 1079 (Miss. 2013).Facts
Mamie Vance Hemphill began treatment at Dominic’s Hospital. When she was admitted, she complained of confusion, loss appetite, tremors, and also had end-stage renal disease, respiratory failure, pneumonia, and had been on dialysis. A dialysis catheter may have been infected. Antibiotic treatment seemed to help, but Hemphill’s condition worsened. Dialysis was attempted and further tests were run. The doctors made plans to remove the catheter. However, Hemphill went into cardiopulmonary arrest and could not be revived. The Plaintiff, Martin Vance, brought a wrongful death suit against the Defendant, Dr. Charles Laney, who was the physician overseeing Hemphill’s care. The jury found for the Plaintiff at trial. The Defendant appealed, alleging that the trial court erred in instructing the jury that an element of damages in this case is the loss of the value of life of Hemphill as it is it is inconsistent with Mississippi law.
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