Antonio Strong, a former federal inmate, filed a pro se lawsuit under the Federal Tort Claims Act against the United States in the Eastern District of Arkansas. He alleged that federal medical providers were negligent in treating him, causing him injury. The district court granted summary judgment in favor of the government. Strong appealed, arguing that the district court erred in dismissing his claim. The Eighth Circuit reviewed the case de novo to determine if the lower court correctly applied the law regarding expert testimony requirements in medical negligence cases.
The Eighth Circuit affirmed the district court's decision by applying Arkansas state law, which governs the substantive issues in FTCA cases arising in that state. The court relied on Arkansas precedent establishing that claims based on alleged failures to provide medical care depend on expert testimony. Specifically, the court cited Arkansas Code Annotated section 16-114-206(a) and case law indicating that when a plaintiff already has injuries, the connection between a provider's treatment and those injuries is not a matter of common knowledge. Consequently, a jury would require expert testimony to decide proximate cause. Because Strong failed to provide the necessary expert testimony to establish the standard of care, a deviation from that standard, and the causal link to his injuries, the court found that no genuine issues of material fact existed. The court also declined to consider a new argument regarding res ipsa loquitor raised for the first time on appeal.
The judgment is affirmed, meaning the district court's grant of summary judgment stands and Strong's claim is dismissed. This decision reinforces the requirement for plaintiffs in medical negligence cases under the FTCA in the Eighth Circuit to secure expert testimony to survive summary judgment. It clarifies that without such testimony, the court cannot determine if the medical care provided deviated from the standard of care or caused the injury. The case is closed with no remand instructions.
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