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Sandra Mozingo v. Steven M. Scharf

Citation: Not availableDocket: 2000-CA-00440-SCT

Court: Mississippi Supreme Court; February 10, 2000; Mississippi; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves a medical malpractice lawsuit filed by the Mozingo family against Dr. Steven M. Scharf and University Anesthesia Services, PLLC (UAS), following injuries sustained by their son under Dr. Scharf's care. The trial court granted summary judgment in favor of Dr. Scharf, ruling that he was entitled to sovereign immunity as a state employee under the Mississippi Tort Claims Act (MTCA). The court also deemed UAS a governmental entity, affirming limited liability. The Mozingos appealed, contesting Dr. Scharf's classification as a public employee and the status of UAS, while also arguing that Dr. Scharf waived immunity by holding malpractice insurance. The Mississippi Supreme Court affirmed the trial court's decision, applying the Miller factors to confirm Dr. Scharf's status as a state employee, emphasizing his roles in treating Medicaid patients and instructing medical residents, which aligned with the state's interest in medical education and public health. The Court further ruled that Dr. Scharf's possession of liability insurance did not affect his immunity, as established by precedents such as Knight v. McKee. The judgment confirmed Dr. Scharf's immunity and classified UAS as a governmental entity, with the court's decision reflecting the integration of medical practice plans within state-run institutions like UMMC.

Legal Issues Addressed

Classification of University Anesthesia Services (UAS) as a Governmental Entity

Application: UAS was determined to be a governmental entity under the MTCA, upholding Dr. Scharf's immunity, as its operations align with the University of Mississippi Medical Center's statutory requirements.

Reasoning: The trial court also ruled that UAS qualified as a governmental entity under the MTCA, thus preserving Dr. Scharf's immunity.

Effect of Liability Insurance on Immunity

Application: Possession of liability insurance by Dr. Scharf did not negate his immunity under the MTCA, as only the governmental entity, not its employees, can be sued to the extent of their insurance coverage.

Reasoning: The trial court's determination that Dr. Scharf did not waive his immunity under the Mississippi Tort Claims Act (MTCA) by purchasing malpractice insurance was upheld.

Employment Status under MTCA and the Miller Factors

Application: The court used the Miller factors to determine that Dr. Scharf was a state employee and not an independent contractor, thus affirming his immunity under the MTCA.

Reasoning: Applying the Miller factors to Dr. Scharf's case, the Court found sufficient facts to assess whether the trial court correctly awarded summary judgment in his favor.

Sovereign Immunity under Mississippi Tort Claims Act

Application: The court affirmed that Dr. Scharf, as an employee of the University of Mississippi Medical Center, was entitled to sovereign immunity under the Mississippi Tort Claims Act.

Reasoning: The trial court ruled that Dr. Scharf was a public employee entitled to immunity under the Mississippi Tort Claims Act (MTCA) and categorized UAS as a governmental entity.