Corbin v. Baptist Health, Inc. ( 2016 )

Cite as 2016 Ark. App. 212
ARKANSAS COURT OF APPEALS
DIVISION II
No. CV-15-598
MARQUITTA J. CORBIN Opinion Delivered April 20, 2016
APPELLANT
APPEAL FROM THE PULASKI
V. COUNTY CIRCUIT COURT,
SIXTEENTH DIVISION
[NO. 60CV-13-1436]
BAPTIST HEALTH, INC., D/B/A
BAPTIST HEALTH MEDICAL HONORABLE MORGAN E. WELCH,
CENTER-LITTLE ROCK JUDGE
APPELLEE
AFFIRMED
RAYMOND R. ABRAMSON, Judge
This is a medical-malpractice case. The sole issue on appeal is whether the trial court
abused its discretion in excluding expert testimony of one of appellant Marquitta Corbin’s
treating physicians. We find no error and affirm.
On September 8, 2011, Corbin had a total thyroidectomy at Baptist Health Medical
Center (“Baptist”) in Little Rock. The surgery was performed by Dr. Scott Marotti, a general
surgeon. Postoperatively, Corbin was admitted to the observational unit at Baptist. That
afternoon, she suffered respiratory arrest and a code blue was called. Dr. Michael Bauer,
another surgeon, responded to the call, opened the surgical incision from earlier in the day,
and discovered that a hematoma, or blood clot, was obstructing Corbin’s airway causing the
severe swelling. After evacuating the hematoma, Corbin was successfully intubated, and she
was taken back to the operating room for further treatment by Dr. Marotti. Corbin was
Cite as 2016 Ark. App. 212
ultimately transferred to the intensive care unit, where she received treatment by Dr. Robert
Searcy, a critical-care specialist. She was discharged from the hospital on September 29, 2011,
with her remaining impairment being cortical blindness.
On April 1, 2013, Corbin—proceeding pro se—filed a complaint of medical
negligence in the Circuit Court of Pulaski County, naming Baptist as defendant. Baptist filed
its answer on April 22, 2013. Corbin subsequently retained legal counsel, who filed various
amended and substituted complaints on her behalf, all of which were timely answered by
Baptist. Corbin alleged that her blindness was the result of oxygen deprivation during the
arrest, which would not have occurred absent the negligence of her nurses. Corbin contended
that the nurses failed to appropriately monitor her in the observation unit, and if they had,
they would have noticed signs and symptoms of the postoperative bleeding and the blood clot
that led to the code blue. Corbin contended that the bleeding occurred over the course of
several hours and was a slow-developing hematoma. Baptist argued that the bleeding occurred
acutely just prior to the code blue, and therefore, was noticed quickly and appropriately by
the nursing staff. The trial was set, but the parties agreed to continue the trial because it
would take longer than the allotted days. The circuit court made no changes in discovery
deadlines.
Dr. Searcy was deposed on November 19, 2014, after the discovery deadline. On
December 8, 2014, Corbin’s counsel amended its expert-witness designations to include Dr.
Searcy. On February 10, 2015, Baptist filed a motion in limine to exclude the expert
testimony of Dr. Searcy. A similar motion was filed by Corbin as to two other treating
2
Cite as 2016 Ark. App. 212
physicians, Dr. Marotti and Dr. Bauer. The court heard the parties’ motions on February 25,
2015. The trial court granted in part both Corbin’s motion in limine and Baptist’s motion in
limine. Doctors Marotti, Bauer, and Searcy were allowed to testify, but their opinions were
limited to those formed by their respective observations.
A jury trial was held in the Pulaski County Circuit Court from March 9 through 18,
2015. The jury rendered a defense verdict in favor of Baptist, and the trial court entered the
judgment on April 3, 2015. This timely appeal followed.
The sole point on appeal is whether the trial court acted within its discretion in
limiting the testimony of Dr. Robert Searcy. Corbin contends that the trial court abused its
discretion in preventing Dr. Searcy from offering expert testimony at trial. The trial court
limited the testimony of Dr. Searcy, the critical-care specialist who treated Corbin, to his own
factual involvement and observations. It is well settled that we review the admission of expert
testimony under an abuse-of-discretion standard. Crowell v. Barker, 369 Ark. 428, 255 S.W.3d
858 (2007) (citing Collins v. Hinton, 327 Ark. 159, 937 S.W.2d 164 (1997)). In discussing our
standard of review for evidentiary rulings, we have said that circuit courts have broad
discretion and that a circuit court’s ruling on the admissibility of evidence will not be reversed
absent an abuse of that discretion. Advanced Envtl. Recycling Techs., Inc. v. Advanced Control
Sols., Inc., 372 Ark. 286, 275 S.W.3d 162 (2008) (citing Yeakley v. Doss, 370 Ark. 122, 257
S.W.3d 895 (2007)). To have abused its discretion, the circuit court not only must have
made an error in its decision, but also must have acted “improvidently, thoughtlessly, or
without due consideration.” Poole v. Poole, 2009 Ark. App. 860, at 12, 372 S.W.3d 420, 428.
3
Cite as 2016 Ark. App. 212
Corbin argues that in the trial court’s decision to limit Dr. Searcy’s testimony to his
own factual involvement in her care, the court failed to provide any reasoning on the record,
and thus, acted improvidently, thoughtlessly, or without due consideration. We do not agree.
At the pretrial hearing, the trial court limited Dr. Searcy’s testimony to his own factual
observations, just as it had limited the other two doctors’ testimony. This ruling was entirely
consistent with the trial court’s ruling on a similar motion filed by Corbin to limit the
testimony of two other treating physicians. The trial court stated that Dr. Searcy had made
a specific representation to Baptist’s counsel during his deposition that he did not intend to
be an expert witness, and that it was “sandbagging” to have him later agree to testify as an
expert. We find that the trial court did not abuse its discretion by limiting Dr. Searcy to
giving only factual testimony since he had not been timely disclosed as an expert, and he
expressly testified under oath that he did not intend to come to trial and give expert opinions.
Baptist notes in its brief that although it did disclose Dr. Searcy as an expert witness
prior to the discovery deadline, that action was taken “prophylactically.” Dr. Searcy had
already been disclosed as a fact witness by Corbin, but Baptist had been unable to depose Dr.
Searcy despite asking for the opportunity to do so for five months prior to the discovery
deadline. Due to Rule 35 of the Arkansas Rules of Civil Procedure, counsel for Baptist was
prohibited from any ex parte communication with Dr. Searcy regarding his treatment of
Corbin without her express consent. Therefore, Baptist’s counsel explained that, without
knowing what Dr. Searcy might say or be willing to say, Baptist—out of an abundance of
caution—characterized him as an expert just prior to the deadline. It was only after taking the
4
Cite as 2016 Ark. App. 212
deposition of Dr. Searcy that it was learned that he had no intention of giving expert
testimony at trial, although Corbin herself later tried to offer him as an expert, necessitating
the motion in limine at issue. However, none of this has any bearing on the fact that Dr.
Searcy was not properly disclosed as an expert and expressed in his deposition a desire not to
testify as an expert at trial. Baptist argues that its prior designation of Dr. Searcy is of “no
moment.” We agree.
The trial court’s ruling was well thought out and was specifically designed to be
consistent with its ruling on Corbin’s motion to limit the testimony of Doctors Marotti and
Bauer. It is apparent from the transcript that the trial court made a conscious effort to be
consistent in its rulings for both sides on virtually identical issues. We cannot find abuse in the
circuit court’s application of its discretion. Accordingly, we affirm.
Affirmed.
WHITEAKER and HOOFMAN, JJ., agree.
Huffman Butler, PLLC, by: Bryan R. Huffman, for appellant.
Friday, Eldredge & Clark, LLP, by: J. Adam Wells and Brett W. Taylor, for appellee.
5