In a Mississippi medical malpractice case that made us think out-loud, “You gotta be kidding,” a Mississippi man filed a “medical malpractice” case against his doctor and his nurse (who happened to be the doctor’s wife) alleging that the man’s penis sustained a permanent and debilitating injury as a result of medical malpractice. However, the alleged underlying facts of the medical malpractice claim will probably make you wonder, “What was he thinking?” (or worse).
The Truth Is Stranger Than Fiction
The offending and destructive injection into the man’s penis was given as a treatment for erectile dysfunction in the doctor’s…bedroom. Evidently, the man, his doctor, and the doctor ‘s wife/nurse were engaged in “swinging” at the time of the alleged medical malpractice injury. While the man claims that the injection was administered by the “nurse” in the course of “medical treatment,” the doctor and his wife claim that the man injected himself. The man’s erection lasted for four days, during which the man failed to seek medical treatment, resulting in arterial damage and permanent impotence.
The man’s medical malpractice case also alleged assault and battery claims, which claims were dismissed by the court because the assault and battery claims were not brought within the one-year statute of limitations for such claims. The medical malpractice defendants alleged in response to the man’s medical malpractice claim that they were not engaged in the practice of medicine at the time of the injection (oops, we almost wrote “time of the erection”), that the man injected himself, and that the man was at fault for failing to timely seek medical treatment for his priapism (an erection lasting too long). The doctor also filed a counterclaim against the man, alleging defamation, harassment, and alienation of affection.
The judge entered summary judgment in favor of the medical malpractice defendants on the first day of trial because the man failed to provide necessary expert testimony as to the medical standard of care in support of his medical malpractice claim. The doctor was then ordered to proceed with presentation of his counterclaim and when he refused to do so, seeking a stay (delay) to wait to see if the man appealed the judgment entered against him on the medical malpractice claim, the judge also dismissed the counterclaim.
The man’s attorney filed an appeal but subsequently moved to withdraw his appearance on behalf of his client. The appellate court denied the attorney’s motion to withdraw his appearance and later dismissed the appeal because the man failed to pay the court costs.
You can’t make this stuff up…nor would you want to.
While we have no independent knowledge regarding the underlying facts of the man’s medical malpractice claim and we do not express any opinion with regard to the validity of such (nor do we really want to have any independent knowledge of the claim), we cringe when we read about the (fortunately) few-and-far-between medical malpractice claims such as the one alleged by the Mississippi man, knowing that medical malpractice tort-reformers will champion such medical malpractice claims as “frivolous” and vociferously painting all medical malpractice claims (and medical malpractice claimants) as being frivolous.
Unfortunately, many people are seriously and permanently injured as a result of medical malpractice through no fault of their own. These innocent victims of medical malpractice must have their claims viewed and decided on an individual basis by unbiased medical malpractice jurors selected from the local communities, as established by the constitutions and laws of most states.
If you have reason to believe that you are the victim of medical malpractice in Mississippi or in another state in the U.S., you should promptly seek the advice of a local medical malpractice attorney who may be willing and able to investigate your possible medical malpractice claim for you.
Click here to visit our website or telephone us on our toll-free line (800-295-3959) to be connected with medical malpractice lawyers in your state who may be able to assist you with your medical malpractice claim.
Turn to us when you don’t know where to turn.