Diane V. Pradat

Martindale Hubbell logoDIANE V. PRADAT (Diane) was born in Mobile, Alabama in 1955. She received her Bachelor of Science in Nursing from the University of Mississippi in 1977 and her Doctor of Jurisprudence degree from Mississippi College School of Law in 1988. Prior to joining the firm, Ms. Pradat held various administrative and staff positions in the health care field. Ms. Pradat was selected to serve as a statewide mediator in a program administered by the Administrative Law Section of the Mississippi State Bar and the Mississippi Workers' Compensation Commission. She is currently a member of the Hinds County and the Mississippi Bar Associations and is also a member of the Mississippi Defense Lawyers Association and Defense Research Institute. Ms. Pradat handles workers' compensation, general insurance defense and medical malpractice work in both state and federal courts.

Current Employment Position(s):

Litigation Percentage:

Bar Admissions:

Education:

Professional Associations and Memberships:

Recent Trial Decisions:

McKeown v. Robert Pitcock, M.D. et al, Union County, Mississippi (January, 2010)

Diane Pradat and Carl Hagwood won a defense verdict for an emergency room physician in a wrongful death case. The doctor allegedly failed to refer a patient to a cardiologist when she came in with symptoms of acute bronchitis. The patient was subsequently advised by another medical practitioner to have a stress test which she declined. The patient died five days later and because there was no autopsy, the cause of death was unknown.

 

Mayfield & Jackson v. City of Richland & King, Rankin County, Mississippi, Circuit Court (June, 2008)

 

Diane Pradat and Jay McLemore obtained a directed verdict in a lawsuit brought in Rankin County Circuit Court. The lawsuit included claims under section 1983 of the Civil Rights Act and also alleged causes of action for false imprisonment, intentional infliction of emotional distress and negligence under the Mississippi Tort Claims Act. The court found for the defendant on all counts.

Peacor v. Lane Stephan Laken, M.D., Rankin County, Mississippi Circuit Court (May, 2008)

Diane Pradat and Toby Gammill won a defense verdict for an orthopaedic surgeon in a lawsuit when the plaintiff alleged that the physician was negligent in the placement of a fixation device in her elbow after she suffered a fracture dislocation of the elbow as a result of a fall from the cab of an 18 wheeler. However, Ms. Pradat and Mr. Gammill established that the placement of the fixation device was warranted based on the fracture location. They also presented evidence that the plaintiff did not go to physical therapy and missed critical appointments with the physician. Additionally, the risks of her not complying with medical advice were fully explained to her prior to the surgery.

Putt v. Darwin Wooten, M.D., Alcorn County, Mississippi (April 2008)

Diane Pradat won a defense verdict for an ophthalmologist in a lawsuit where the plaintiff alleged that the physician was negligent in performing an elective cataract surgery when she was allegedly suffering from an active case of blepharitis which led to a postoperative infection and loss of sight. Ms. Pradat proved to the jury that the blepharitis was treated appropriately before the surgical procedure and the infection was a known but uncommon complication of surgery.

Purpora v. Cirilli, Sunflower County, Mississippi, Circuit Court (August 2007)
Diane Pradat and Carl Hagwood defended this medical malpractice action alleging wrongful death as a result of failure to diagnose. A Daubert hearing was conducted following voir dire of the Plaintiff’s expert; the Daubert motion to exclude was sustained; and the Defendant was granted a directed verdict.

Campbell v. Lewis, Hinds County, Mississippi, Circuit Court (September 2006)
Diane Pradat and Carl Hagwood defended this medical malpractice action wherein the Plaintiff alleged permanent disability secondary to complications from a discectomy performed by a neurosurgeon. After a five-day trial, the jury returned a verdict for the Defendant.

Derryberry v. McAlpin, Alcorn County, Mississippi, Circuit Court (December 2004)
Diane Pradat and Carl Hagwood defended this medical malpractice action brought by the Estate of Ernest Derryberry alleging wrongful death. After a six-day trial, the jury returned a verdict in favor of the Defendant.

Summary Judgments:

McCorkle v. Dr. Kevin Braswell et al; Grenada County, Mississippi, Circuit Court (Sept. 2009)

Diane Pradat and Senith Tipton were granted summary judgment on behalf of the defendant in a medical malpractice case.  The plaintiff alleged that the on-call ophthalmologist was negligent when he was consulted over the phone by the emergency room physician. Ms. Pradat successfully argued that, based on the facts in the case, this phone consultation did not give rise to a doctor/patient relationship and therefore no duty was owed the plaintiff by the ophthalmologist. Since the plaintiff could not sustain his burden of proof on this essential element of negligence, summary judgment was granted.

Wallace v. Mohamed, Lowndes County, Mississippi, Circuit Court (February 2009)
Diane Pradat and Carl Hagwood obtained summary judgment for a physician defendant in a medical malpractice case on the grounds that the Plaintiff who brought the action lacked standing and had been improperly named as Administrator of the Estate. See appellate decisions below, Boles v. Mariner (February 2007 Mississippi Supreme Court decision).

Coleman v. Tibbs, Coahoma County, Mississippi, Circuit Court (January 2009)
Diane Pradat and Carl Hagwood obtained summary judgment for a physician defendant following a Daubert hearing that resulted in the trial court finding that the Plaintiffs’ expert witnesses were not qualified to give the opinions expressed on causation and standard of care.