Kelby O. Bush, By and Through His Guardian and Next Friend, Cynthia Laruth Williams

Summary

The Mississippi Supreme Court reversed a circuit court's summary judgment dismissing medical-negligence and wrongful-death claims against Marion General Hospital and three physicians, holding that COVID-19 emergency immunity under Mississippi Code Section 11-71-7 did not bar the claims. Because the record contained no evidence that the alleged failures to diagnose abdominal compartment syndrome, to treat, to consult other providers, or to initiate a timely transfer were attributable to COVID-19-related resource shortages, genuine issues of material fact precluded summary judgment on immunity grounds. Presiding Justice Coleman, joined by Justice Branning, dissented, arguing that the allegedly negligent omission causing death was the transfer delay, which uncontradicted evidence showed was attributable to the emergency, and would have affirmed.