Meeks v. Miller

Medical Malpractice – Tort Claims Act

Meeks v. Miller, No. 2005-CA-00200-COA
(Miss. Ct. App. June 27, 2006)

A patient
filed a medical malpractice suit against a physician faculty member at the
University of Mississippi Medical Center ("UMMC"). The physician
filed for summary judgment, claiming immunity under the Mississippi Tort Claims
Act ("MTCA"), which protects from liability all state employees acting
within the course and scope of their employment. The patient argued that the
physician was an independent contractor, not an employee of UMMC, and therefore
not shielded by the MTCA. The trial court denied the physician summary judgment,
and he appealed.

The Court of Appeals of Mississippi weighed five factors in determining the
physician’s employment status: (1) the nature of the function performed by
the employee; (2) the extent of the state’s interest and involvement in the
function; (3) the degree of control and direction exercised by the state over
the employee; (4) whether the act complained of involved the use of judgment
and discretion; and (5) whether the physician receives compensation, either
directly or indirectly, from the patient for the professional services rendered.

The court held that all five factors weighed in favor of the physician’s status
as an employee. First, although a private physician-patient relationship was
established, the court held that the outpatient nature of the physician’s work
as an internist did not preclude him from acting in his capacity as a faculty
member even when not supervising a medical student. Regarding the second and
third factors, the court held that the state’s interest in (and degree of control
over) the physician’s employment was significant, given that UMMC was established
by state statute and the physician was prohibited from practicing medicine
outside of UMMC. The court found that the fourth factor of discretion was not
determinative, as physicians routinely exercise judgment in their treatment
of patients. Finally, the court held that the physician’s contract with UMMC
called for patient fees to be paid directly to the University and, as such,
the fifth factor favored the physician’s employee status as well. Accordingly,
the court held that the physician was immune from liability.