Earlier this month, the Supreme Court of Mississippi dismissed a case brought by the husband of a woman who died while in the care of the defendant because the plaintiff re-filed the case after the applicable statute of limitations had expired. In the case, Thornhill v. Ingram, the plaintiff alleged that the defendant’s failure to diagnose and treat his wife led to her early death. Accordingly, he filed suit against several of the treating medical professionals, as well as the facility where his wife was cared for.
However, although the case had been filed shortly after the passing of his wife, the plaintiff did not make appreciable efforts to bring the case to trial. Eight years later, the defendant asked the court to dismiss the case for lack of prosecution.
After considering both sides, the trial court agreed with the defendant and dismissed the case without prejudice. This meant that the plaintiff would be able to re-file the case if and when he chose to do so.