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Hall v. Hilbun | 466 So.2d 856 (1985)
In Hall versus Hilbun, the Mississippi Supreme Court considered whether a medical expert from big-city Cleveland had anything to say about medical care in Pascagoula, Mississippi.
Terry Hall, age thirty-seven, was experiencing abdominal pain. Her husband, Glenn, took her to a Pascagoula hospital. Doctor Glyn Hilbun, a general surgeon, thought she had an obstruction of the small bowel and recommended an exploratory laparotomy. Doctor Hilbun performed the surgery around noon. He watched her in the recovery room for the next couple of hours.
Terry was alert, and her vital signs were stable, so she was moved into a private room. Glenn sat with her. That evening, Terry started complaining of pain. She was given morphine and fell asleep. Glenn thought she was having trouble breathing, but the nurses assured him this was normal. Later she woke up again. She was given a sedative and fell back asleep.
Around five a.m., Terry’s breathing got loud. Glenn turned on the light and discovered that she’d turned blue. Doctor Hilbun came to the hospital right away, but Terry had already died of cardio-respiratory failure.
Glenn sued Hilbun for wrongful death. He argued that Hilbun had failed to provide appropriate postoperative care. He called two other physicians as expert witnesses to testify as to standards of treatment. The court excluded their testimony because they were from Cleveland, Ohio, and couldn’t testify as to standards of care appropriate in coastal Mississippi. The court granted Hilbun a directed verdict. Glenn appealed to the Mississippi Supreme Court.
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