Hardy v. Brantley

471 So. 2d 358 (1985)

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Nature of the Case

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Facts

Ewing went to the emergency room of Hinds General Hospital with severe stomach pains. He was treated by Brantley (D). D mistreated Ewing's duodenal ulcer by failing to order or perform the necessary urine, stool, and blood tests and x rays. D then allowed Ewing to go home after his condition had stabilized with the use of Tylenol and Valium. Ewing's condition worsened the next day, and he was brought back to the emergency room. The autopsy revealed that Ewing had died from an untreated duodenal ulcer from which he had suffered for a period of between 48 and 72 hours before his death. Hardy (P), Ewing's representative, brought a medical malpractice action against D, and against Hinds emergency Group (D) on a theory of respondeat superior. D and D received a directed verdict. P appealed.