Phillips v. Hull
Mississippi Supreme Court
516 So. 2d 488 (1987)
- Written by Nicholas Decoster, JD
Facts
In January 1980, Debra Ann Phillips (plaintiff) underwent a tubal-ligation sexual-sterilization operation performed by Dr. Calvin T. Hull (defendant). Phillips was diabetic and, prior to the operation, had been told that future pregnancies would be high risk. In August 1981, Phillips gave birth to a child. Phillips claimed that the child was abnormal and sued Hull for failing to properly perform the tubal ligation and to obtain informed consent from Phillips prior to the operation. Specifically, Phillips argued that she was not told that tubal ligation was not 100-percent effective or that she should continue to use contraceptives to avoid future pregnancies. The trial court granted Hull’s motion for summary judgment after Phillips failed to provide expert affidavits in support of her claims. Phillips appealed, arguing that material issues of fact existed as to whether she had received informed consent prior to the operation.
Rule of Law
Issue
Holding and Reasoning (Prather, J.)
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