A wrongful death lawsuit was dismissed on 11-8-2010 for failure to timely serve pre-suit notice as required by MS law. The Mississippi Supreme Court affirmed the dismissal on 3-29-12. Jimmy Steven Fowler, Jr. filed his lawsuit on or about 8-4-2009 in circuit court of Lee County, MS at Tupelo for all of the wrongful death beneficiaries as a result of the wrongful death of his father, Jimmy Fowler. The defendants were Dr. John Paul White, Marilyn Lehman,R.N., and The Sanctuary Hospice House. The gist of the complaint was that the hospice discontinued the patients medications and instead placed him on high doses of pain medication and sedatives which caused his death from morphine neurotoxicity.
An interesting part of the case is that the Attorney General’s office, medical fraud unit, investigated allegations against this hospice which the family claimed was covered up by the hospice.
From a review of the case, it appears that the attorney handling the case on behalf of the Fowler family committed legal malpractice by not properly following the rules which require 60 days notice before a lawsuit can be filed against medical defendants. Because the lawyer failed to follow the rules, the lawsuit was dismissed before the case even went to trial. His actions constitute legal negligence in my opinion. The case would have proceeded to trial if the lawyer had done his job properly.
The Fowler family was damaged by the actions of their attorney and now have a case against their attorney for legal malpractice. The family will have to prove that the lawyer committed malpractice and then the family will have to prove that they could have proved their case against the medical defendants in order to recover. They can collect whatever damages that would have been obtained in the first lawsuit if it went to trial.
Our law firm represents families who have been damaged by other lawyers negligence. We represent clients all over MS including Tupelo, Gulfport, Meridian, Jackson, Hattiesburg, Greenville and Southaven and counties of Lee, Hinds, Madison, Harrison, Lamar, Desoto, and Warren, MS. If you know of someone who has been damaged by a lawyer and would like to discuss your case, call Paul Snow 601-969-1977 for a FREE consultation or contact us online. We do not charge any attorney fees unless we recover for you.
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