Ark. Justices Say Bench Trial As Sanction Goes Too Far

Law360 (October 15, 2020, 9:27 PM EDT) -- The Arkansas Supreme Court on Thursday narrowly vacated an $821,000 bench verdict in a medical malpractice case against a doctor, saying the trial judge went too far in ordering a bench trial as a sanction for the physician's failure to comply with a scheduling order.

In a 4-3 ruling, the state's highest court reversed the judgment in favor of Mildred Vick in a suit alleging Dr. Lawrence C. Bandy and his practice group, Gyn Oncology PA, botched a 2013 surgery that caused the patient to suffer unspecified injuries.

During the litigation, the Pulaski County Circuit Court issued a scheduling order requiring...

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