In July 2017, Mark Cheatwood suffered serious injuries as a result of a work-related incident. An ambulance transported Cheatwood to the Sparks Regional Medical Center emergency room located in Fort Smith, Arkansas. While at Sparks, Dr. Arthur Johnson, a neurosurgeon, prioritized treatment of Cheatwood’s spinal injury over his ankle. But because the hospital lacked the necessary medical resources to treat both of Cheatwood’s injuries, Sparks transferred him to the University of Arkansas for Medical Sciences Medical Center (UAMS) in Little Rock, Arkansas. After his arrival, UAMS’s medical staff prioritized Cheatwood’s ankle over his spinal injury due to the deteriorating condition of his leg because of an infection. He underwent multiple procedures that culminated in a below-the-knee amputation of his left leg.
Cheatwood subsequently sued Sparks for the loss of his leg. Cheatwood contended that had Sparks initially prioritized his ankle, as UAMS did, the amputation would have been obviated. At trial, Cheatwood called Dr. Johnson as a witness. After cross-examination by the defense, Cheatwood’s counsel redirected Dr. Johnson. The district court judge interposed a comment on Dr. Johnson’s testimony during Cheatwood’s redirect (i.e., that Dr. Johnson “testified that UAMS had the stabilization components that Sparks Hospital did not”). The plaintiffs moved for a mistrial, which was denied by the district court judge. The Arkansas medical malpractice jury returned a defense verdict. The plaintiffs appealed, arguing that the trial court’s comment was prejudicial.
The United States Court of Appeals for the Eighth Circuit held in its unpublished Per Curiam opinion filed on February 8, 2024: “The district court’s comment that Dr. Johnson “testified that UAMS had the stabilization components that Sparks Hospital did not” is a fair comment upon the evidence. Id. Although Dr. Johnson did not use this exact phrasing in his testimony, the record shows that the court’s comment was no more than a clarifying summary of an undisputed portion of the doctor’s testimony. Dr. Johnson stated that some facilities have more stabilization capabilities than Sparks, including special operating tables that help stabilize the patient’s spine. Although Dr. Johnson did not specifically say that UAMS had those stabilization capabilities, he did testify that “[a]t UAMS, they actually had all the specialists that they needed” and “all of the components they needed” to treat both of Cheatwood’s injuries and deal with any complications arising from his treatment plan. Id. at 240. On this record, the district court’s clarifying comment was not an abuse of discretion.”
If you or a loved one may have been injured (or worse) as a result of medical negligence in Arkansas or in another U.S. state, you should promptly consult with an Arkansas medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
Click here to visit our website or telephone us on our toll-free line in the United States at 800-295-3959 to find medical malpractice attorneys in your U.S. state who may assist you with your medical malpractice claim.
Turn to us when you don’t know where to turn.
