United States Eighth Circuit

In an action against the hospital and obstetrician that provided care to a mother during the birth of their daughter, claiming that negligent care during the delivery was the proximate cause of the daughter's cerebral palsy, judgment for defendants is affirmed where: 1) the objectionable portions of defense counsel's argument, as well as any evidence presented concerning the financial aspects of the daughter's care and treatment, were rendered irrelevant by the jury's verdict in the defendants' favor on liability; and 2) the Arkansas statute setting forth the elements that a medical malpractice a plaintiff must prove through expert testimony did not burden plaintiffs' fundamental rights.

Appellate Information

• Decided 08/06/2010
• Published 08/06/2010

Judges

• James B. Colloton

Court

• United States Eighth Circuit

Counsel