Conn v. United States
United States District Court for the Southern District of Mississippi
880 F.Supp.2d 741 (2012)
John Conn (plaintiff) suffered a heart attack and was discharged from a VA hospital after overnight observation, then suffered a near-fatal second heart attack two days later from an undetected 90-percent arterial blockage; the Conns' medical expert, Dr. Strong, opined the VA's treatment was inappropriate and contrary to AHA and ACC recommendations, and stated his "personal recommendation" would have been additional coronary testing, without affirmatively stating whether the VA physicians met a minimum competency standard. The federal government moved for summary judgment.
Whether, in a Mississippi medical malpractice action, a plaintiff's medical expert must articulate an objective standard of care that was breached by the defendant and resulted in injuries or damages.