The Supreme Court of Mississippi stated in its August 6, 2026 opinion: “The record shows, prior to delivery, Brown gave written consent to an episiotomy. But according to Brown’s complaint, during her painful, medically induced labor, Brown begged her doctor not to cut her as her child’s head was crowning. Dr. Davey-Sullivan believed an episiotomy was medically necessary and performed the procedure. Brown says she suffered a battery because the procedure was both against her consent and was not medically necessary.”
“Brown admits she was in the grips of a medically induced labor when her child’s head began to crown. This is when Dr. Davey-Sullivan announced she was going to perform an episiotomy—a procedure Brown had previously consented to. And it was at this moment that Brown begged Dr. Davey-Sullivan not cut her. Central to Brown’s battery count in her complaint is her allegation that the episiotomy was not medically necessary for the safe delivery of her child. Brown did not need an expert to establish that in the midst of delivery she requested Dr. Davey-Sullivan not cut her … But to establish a triable medical battery claim based on withdrawn consent, she did need expert testimony to prove Dr. Davey Sullivan could have abided by Brown’s plea without harming Brown or the baby. And when faced with summary judgment, Brown produce no expert. Even after summary judgment was granted, in her motion to vacate, Brown doubled down—again asserting no expert was needed to prove Dr. Davey-Sullivan performed a medically unnecessary procedure.”
“We recognize an un-consented-to medical procedure may constitute a battery for which no medical expert testimony is needed. But this is not a case in which no consent was given. Instead, Brown gave consent prior to delivery and then withdrew consent during labor. In such cases, it is not enough to establish that consent was revoked. The patient also has to show that stopping the unwanted procedure was medically feasible without causing harm to the patient—or in this case, the patients, as Dr. Davey-Sullivan also had to consider the infant’s health and safety. And proof that a doctor could have stopped a medical procedure without causing harm requires medical expert testimony.”
“While Brown did not need an expert to establish her claim that she withdrew consent when she yelled, “don’t cut me,” Brown did need an expert to establish Dr. Davey-Sullivan could have safely delivered the child without performing an episiotomy. Because Brown produced no medical expert testimony to show that the episiotomy was not medically necessary, the trial court properly granted summary judgment in Dr. Davey-Sullivan’s favor. We affirm.”
Source Brown v. Dr. Barbara Davey-Sullivan, NO. 2024-CA-00693-SCT.
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