Gambill v. Stroud

Supreme Court of Arkansas · 1976 · Torts

TortsMedical malpracticeStandard of careExpert testimonyJury instructionsmedical malpracticesame or similar localityAMI 1501

Facts

Mrs. Gambill was prepared for surgery in a Jonesboro hospital to remove a thyroid cyst, but after anesthesia was administered she suffered cardiac arrest and later respiratory arrest, resulting in serious and irreversible brain damage. Dr. Stroud stopped the procedure immediately after making an incision and observing that her blood was very dark, indicating inadequate oxygen supply. The claim against the anesthesiologist was settled before trial, and the case against Dr. Stroud proceeded on a theory of medical negligence. Plaintiffs presented several medical witnesses, including out-of-town experts, and stated that the standards of medical practice in Jonesboro, Little Rock, and Memphis were comparable.

Issue

Should Arkansas abandon or modify its same-or-similar-locality rule for physician negligence and reject AMI 1501 in favor of a broader standard, such as a national standard of care? Also, did the trial court err in allowing the jury to take typewritten instructions into the jury room over plaintiffs' objection?

Rule

In Arkansas medical malpractice cases, a physician is required to exercise the skill and knowledge normally possessed by members of the profession in good standing engaged in the same type of practice in the same locality or in a similar locality. The similar locality inquiry depends on similarity in medical facilities, practices, and advantages rather than merely population or area, and an expert need not have practiced in the particular locality if a proper foundation shows familiarity with standards in a similar locality. Whether to allow written instructions to go to the jury absent unanimous request remains within the trial court's discretion.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Nina Alvarez sued Dr. Owen Mercer, a family physician in Helena, Arkansas, after he treated her severe infection in his office rather than sending her immediately to a larger hospital in Memphis. At trial, Nina asked the court to instruct the jury that every physician in Arkansas must meet a single statewide standard because modern journals, webinars, and conferences make medical knowledge equally available everywhere.

Which instruction best states the governing standard?

Explanation. The majority reaffirmed the same-or-similar-locality rule. A physician must exercise the skill and knowledge normally possessed by members of the profession in good standing engaged in the same type of practice in the same locality or a similar locality. The court rejected adoption of a national standard or an average-practitioner formulation as a matter of law. (Derived from Gambill v. Stroud (n.d.).)