Attorneys Carl Hagwood and Mary Frances England of the Hagwood Adelman Tipton firm successfully defended a medical clinic, Bolivar Leflore Medical Alliance, LLP (BLMA), and Dr. Paul E. Warrington in an appeal from the trial court’s dismissal of the case. The appeal was the second time the medical malpractice case had been in front of the Mississippi Supreme Court. In October 2006, the Mississippi Supreme Court established new law and held that BLMA was an “instrumentality” of Greenwood Leflore Hospital and was entitled to the protections, limitations, and immunities of the Mississippi Tort Claims Act. BLMA was created as a family medical clinic in 1996 in an agreement between Greenwood LeFlore Hospital and Dr. Paul E. Warrington and Dr. Jon Blackwood.
Mr. Hagwood and Ms. England filed a motion for summary judgment asserting that since the terms and provisions of the MTCA apply the Plaintiff’s complaint should be dismissed. The Plaintiffs filed their complaint after the one year statute of limitations had expired and did not provide notice of claim pursuant to Miss. Code Ann. § 11-46-11(3). After years of arguing procedural issues in the trial court, the trial court eventually dismissed the case with prejudice in March 2012. Plaintiffs’ appealed to the Mississippi Supreme Court, and the Mississippi Supreme Court eventually affirmed the trial court’s dismissal in a pro curiam decision.