Oral arg. – COA – Feb. 10, 2016

At 10:00 the COA will hear Carol Gray v. Dimitrious Demetriatis, M.D., Memorial Hospital and Todd Frieze, M.D. 

This is a med mal case wherein Gray sued Dr. Eric Graham, Nurse Michelle Graham, Dr. Jimmy Dimitriades, his employer, Memorial Hospital at Gulfport , and Dr. Todd Frieze claiming that they failed to diagnose her with multiple myeloma despite the lab results, clinical symptoms and a biopsy indicative of same.  Their failure allowed her cancer to progress untreated and produce fractures in her spine. The trial court granted summary judgment for the defendants finding that an affidavit submitted by one of Gray’s experts, Dr. Bruce Avery, was “conclusory” as to the issue of proximate cause.

Gray’s brief

Frieze’s brief

Demetriatis’, Hospital’s brief

Gray’s reply brief

Watch the argument here

For some reason, the case against the doctors was appealed separately than that against the nurse.  The COA reversed summary judgment that had been granted for the nurse just last week on the exact same issue.   Which makes today’s argument seem rather superfluous.

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