SACKS v. NECAISE

No. 2006-CA-01068-COA.

991 So.2d 615 (2008)

Matthew SACKS, M.D., and The Medical Oncology Group, P.A., Appellants v. Nancy NECAISE, Individually and on Behalf of the Wrongful Death Beneficiaries of Charles Freeman, Deceased Appellee.

Court of Appeals of Mississippi.

Rehearing Denied April 15, 2008.

Certiorari Granted July 17, 2008.

Certiorari Dismissed as Improvidently Granted September 25, 2008.


Attorney(s) appearing for the Case

Thomas L. Musselman, Stacie Elizabeth Zorn, Pascagoula, attorneys for appellants.

Robert W. Smith, Biloxi, attorney for appellee.

EN BANC.


LEE, P.J., for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. Charles Freeman was diagnosed with lung cancer in early 1998. At the time of his diagnosis, Freeman also suffered from diabetes, chronic obstructive pulmonary disease, atherosclerotic vascular disease, and mild organic brain syndrome. Freeman began chemotherapy treatment by intravenous (IV) therapy on January 22, 1998, at The Medical Oncology Group, P.A. (MOG) in Gulfport, Mississippi under...

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