Shani M. Brown v. Dr. Barbara Davey-Sullivan and the Woman's Clinic of Mississippi, Pllc

Summary

The Mississippi Supreme Court affirmed summary judgment for Dr. Davey-Sullivan on Brown's lack-of-informed-consent and medical-battery claims arising from an episiotomy performed after Brown verbally withdrew her consent during labor. The court held that where consent is given before a procedure and withdrawn mid-procedure, the patient must prove by expert testimony that the physician could have stopped the procedure without harming the patient or infant, adopting the two-part Mims test. It also held the defect in Brown's notice of appeal (designating the interlocutory summary-judgment order rather than the final judgment) was a non-jurisdictional defect of form. Presiding Justice Coleman dissented, arguing the appeal should be dismissed for lack of jurisdiction because Brown never timely appealed the final judgment.