Hooks v. Humphries

The trial court did not err in granting a doctor's motion for partial summary judgment on the plaintiff's breach of fiduciary duty claim, because the doctor had no duty to disclose to the plaintiffs his reasons for limiting his obstetrics practice such that he no longer delivered babies.

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Cynthia and Marcus Hooks filed this medical malpractice action against Charles M. Humphries, Jr., M.D. and his professional corporation seeking damages for injuries sustained by S. J., their minor child, during her birth.1 They alleged claims of professional and ordinary negligence and breach of fiduciary duty. Dr. Humphries filed a motion for partial summary judgment on the breach of fiduciary duty and ordinary negligence claims. The trial court granted the motion for summary judgment as to the breach of fiduciary duty claim and dismissed the ordinary negligence claim. The trial court also denied the Hooks’ motion to compel evidence related to the breach of fiduciary duty claim. Following trial, the jury rendered a verdict in favor of Dr. Humphries. The Hooks filed a motion for new trial, which the trial court denied. They subsequently filed the instant appeal, contending that the trial court erred in granting partial summary judgment in favor of Dr. Humphries; in denying their motion to compel; in dismissing their ordinary negligence claim; and in denying their motion for new trial based upon the allegedly improper remarks of defense counsel. We discern no error and affirm.

The record evidence2 shows that in April 1998, after Mrs. Hooks became pregnant with S. J., she went to Dr. Humphries for prenatal care. During their initial consultation, Dr. Humphries told Mrs. Hooks that he no longer delivered babies, that his medical treatment would be limited to her prenatal care, and that he would refer her to another obstetrician for delivery of the baby. The other obstetrician, Dr. Willie Adams, Jr., had previously delivered several of Mrs. Hooks’s other children.

Hooks v. Humphries

The trial court did not err in granting a doctor's motion for partial summary judgment on the plaintiff's breach of fiduciary duty claim, because the doctor had no duty to disclose to the plaintiffs his reasons for limiting his obstetrics practice such that he no longer delivered babies.

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