Nelson v. Stubblefield

2009 Ark. 256, 308 S.W.3d 586, 2009 Ark. LEXIS 221
CourtSupreme Court of Arkansas
DecidedMay 7, 2009
Docket08-649
StatusPublished
Cited by14 cases

This text of 2009 Ark. 256 (Nelson v. Stubblefield) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nelson v. Stubblefield, 2009 Ark. 256, 308 S.W.3d 586, 2009 Ark. LEXIS 221 (Ark. 2009).

Opinion

ROBERT L. BROWN, Justice.

| Appellant Doris Nelson appeals from a judgment in favor of appellees, William Scott Stubblefield M.D., and St. Bernards Regional Medical Center (“St. Bernards”), following a jury trial and a December 4, 2007 order denying her motion for a new trial. She asserts four points on appeal for reversal. We affirm the judgment.

On January 9, 2006, Nelson filed a complaint against Dr. Stubblefield and St. Ber-nards, alleging that Dr. Stubblefield and the St. Bernards nursing staff were medically negligent in connection with a fall she sustained while a patient at St. Bernards on May 21, 2004. St. Bernards answered and pled that it was a nonprofit entity insured by the Medical Assurance Company, Inc. (“Medical Assurance”). Following this, Nelson filed an amended Rcomplaint and named Medical Assurance as an additional party defendant under the direct-action statute, Arkansas Code Annotated § 2S-79-210. 1

After a four-day trial, a jury found, in separate verdicts, that a preponderance of the evidence had not shown that there was medical negligence on the part of Dr. Stubblefield or the St. Bernards nursing staff that had been a proximate cause of any of Nelson’s damages. As a result, the circuit judge entered judgment in favor of the appellees on October 2, 2007. Nelson moved for a new trial, which the circuit judge denied on December 4, 2007.

I. Proffered Jury Instruction

For her first point on appeal, Nelson asserts that the circuit judge erred by denying her proffered jury instruction that would have allowed the jury to consider the testimony of her physician expert, Dr. Floyd Schrader, and evidence of professional protocols and procedures in determining the standard of care for the St. Bernards nursing staff.

The facts leading up to the proffered instruction are these. At trial, Nelson introduced testimony from two expert witnesses, Dr. Schrader, a family medical specialist, and Thurstle Mullen, a registered nurse. Nelson also introduced various nursing protocols and procedures from St. Bernards concerning proper nursing standards. Dr. Schrader testified that he was familiar with the degree of skill and learning possessed by registered [ ¡¡nurses and that, “based on his experience as a physician practicing family medicine,” St. Ber-nards’s nurses had failed to follow proper procedures and practices, which resulted, in his opinion, in Nelson’s injuries. Nurse Mullen also testified that St. Bernards’s nurses had failed to follow the hospital’s policies and procedures and that, in his opinion, this caused Nelson’s injuries.

During the later instruction conference, Nelson objected to the circuit judge instructing the jury with an Arkansas Model Jury Instruction, AMI Civ. 1501-A, which mirrors Arkansas Code Annotated § 16-114-206(a), and instructs the jury that it may consider only the expert testimony of those witnesses engaged in the same specialty as the defendant in determining the defendant’s standard of care and whether the defendant failed |4to act in accordance with that standard. 2 Nelson proffered, in addition, a modified version of AMI Civ. 1501-A that read as follows:

In treating a patient, a nurse must possess and apply with reasonable care the degree of skill and learning ordinarily possessed and used by members of her profession in good standing, engaged in the same specialty in the locality in which he or she practices, or in a similar locality. A failure to meet this standard is negligence.
In determining the degree of skill and learning the law required and in deciding whether the St. Bernards’ nurses applied the degree of skill and learning the law required, you may consider only the evidence presented by the physicians and nurses called as expert witnesses and evidence of professional standards presented in the trial.
In deciding whether any negligence of the St. Bernards’ nurses was a proximate cause of any injury to Doris Nelson, you may consider only the expert testimony provided by the qualified doctors and nurses called as expert witnesses.
|fiIn considering the evidence of any other issue in this case, you are not required to set aside your common knowledge, but you have a right to consider all the evidence in light of your own observations and experiences in the affairs of life.

At the instruction conference, Nelson argued that her proffered instruction was appropriate because the jury should be allowed to consider Dr. Schrader’s testimony concerning the nurses’ standard of care. The circuit judge, however, denied Nelson’s instruction and found that it was inconsistent with his previous ruling that Dr. Schrader could not give a standard-of-care opinion regarding the nurses and because Dr. Schrader had not been qualified as an expert on nursing.

Nelson then asserted that AMI Civ. 1501-A was an incorrect statement of the law because the statutory basis for the instruction, § 16-114-206(a), was unconstitutional in that it conflicted with Rule 702 of the Arkansas Rules of Evidence. The circuit judge, however, instructed the jury with the unmodified version of AMI Civ. 1501-A, which informed the jury that it could only consider the testimony provided by nurses in determining whether St. Ber-nards’s nursing staff breached its standard of care.

It is well settled that a party is entitled to a jury instruction when it is a correct statement of the law and when there is some basis in the evidence to support giving the instruction. Barnes v. Everett, 351 Ark. 479, 95 S.W.3d 740 (2003). When instructions are requested that do not conform to the Arkansas Model Jury Instructions (AMI), they should be given only when the circuit judge finds that the AMI instructions do not contain an essential instruction or do not accurately state the law applicable to the case. Id. This court |fiwill not reverse a circuit judge’s refusal to give a proffered instruction unless there was an abuse of discretion. Id.

We conclude that Nelson was not entitled to her modified version of AMI Civ. 1501-A because there was no basis in the evidence to support giving the instruction. Specifically, Dr. Schrader was never qualified as an expert on nursing and the circuit judge did not allow him to testify directly to the standard of care for nurses.

Nelson urges on appeal that the circuit judge ruled that Dr. Schrader could testify as to the standard of care for nurses at the May 7, 2007 pretrial hearing on the appel-lees’ motion in limine to prevent, among other things, Dr. Schrader from testifying to the standard of care for nurses. At that hearing, the circuit judge ruled from the bench:

If he’s specific about, this standard of nursing care that was violated, a doctor, a physician, should be able to testify to that. It may not be the same specialty, but certainly the physician would have the expertise. I’m going to allow him to do it.

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2009 Ark. 256, 308 S.W.3d 586, 2009 Ark. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-stubblefield-ark-2009.