Howard v. St. Edward Mercy Med. Ctr.

Howard v. St. Edward Mercy Med. Ctr.,
No. CA 01-798 (Ark. Ct. App. Feb. 20, 2002)

The estate of a man who died from complications of non-diagnosed diabetes sued the emergency room physician who saw the decedent the day before his death and the hospital where he died. The trial court directed a verdict in favor of the hospital, ruling that the hospital was not liable for the emergency physician's negligence. A jury ruled in favor of the physician. The estate appealed, arguing that the verdict for the doctor was against the preponderance of the evidence. The appeals court affirmed, ruling there was substantial evidence to support the jury's verdict. Since liability of the hospital was dependent on a finding of negligence on the part of the surgeon, the appeals court ruled that the issue of the hospital's liability was moot.