Broussard v. St. Edward Mercy Health Sys. (Majority)
Annotate this CaseTeresa Broussard brought a medical malpractice action against, inter alia, Dr. Stephen Seffense and Dr. Michael Coleman, Jr. after she developed and was treated for a burn following a surgery. The circuit court entered judgment in favor of Defendants. Broussard appealed, asserting that the trial court erred in finding that Ark. Code Ann. 16-114-206(a), which requires that proof in medical malpractice cases must be made by expert testimony by medical care providers of the same speciality as the defendant, was constitutional. The Supreme Court reversed, holding that the statute violated the separation-of-powers doctrine and the inherent authority of the courts to protect the integrity of proceedings and the rights of litigants. Remanded.
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