Meeks v. Miller

MEDICAL MALPRACTICE – IMMUNITY DUE TO EMPLOYMENT BY STATE

Meeks v. Miller, No. 2005-CT-00200-SCT (Miss. May 24, 2007)

The Supreme Court of Mississippi held that a physician was acting within the scope and course of his employment at a state-run teaching hospital and consequently was immune from liability in a negligence suit brought by a patient. The physician’s employment contract with the hospital allowed him to see patients, outside of his teaching responsibilities, and increase his income beyond his base salary. The court found that, despite this arrangement, the hospital maintained complete control over and had a financial interest in the physician’s earnings. The court also found that the physician’s contractual status as an employee was not altered by the fact that a resident was not present when the physician treated the patient.