Gambill v. Stroud
Arkansas Supreme Court
531 S.W.2d 945 (1976)
- Written by Sharon Feldman, JD
Facts
The husband and guardian of Yvonne Gambill (Gambill) (plaintiffs) brought a medical-malpractice action against Dr. Paul Stroud (defendant). The trial judge instructed the jury, in accordance with Arkansas Model Jury Instruction (AMI) 1501, that a physician, surgeon, or dentist is held to the standard of competence that obtains in his own locality or in a similar locality. The jury found in favor of Dr. Stroud. Gambill appealed, arguing that the same-or-similar-locality rule in malpractice cases should be modified because it was no longer applicable to modern medicine.
Rule of Law
Issue
Holding and Reasoning (Fogleman, J.)
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