Blackmon v. Langley, 87-108
| Decision Date | 12 October 1987 |
| Docket Number | No. 87-108,87-108 |
| Citation | 293 Ark. 286,737 S.W.2d 455 |
| Parties | J.T. BLACKMON, M.D., Appellant, v. James LANGLEY, Appellee. |
| Court | Arkansas Supreme Court |
Victor Hlavinka, Texarkana, for appellant.
Samuel A. Perroni, William R. Wilson, Jr., Little Rock, for appellee.
This is a medical malpractice case. The appellant, Dr. J.T. Blackmon, contends it was error to submit to the jury the question whether his alleged negligence in failing to inform the appellee, James Langley, of an x-ray showing lung cancer was the proximate cause of Mr. Langley's alleged pain, suffering, mental anguish, lost wages, and lost earning capacity. Dr. Blackmon's argument is that because the evidence showed that Mr. Langley had less than a 50% chance of survival at the time the alleged negligence occurred, his alleged negligence could not be regarded as the proximate cause of injury to Mr. Langley. We hold it was proper to submit the issue to the jury, and thus we affirm the judgment based on the verdict in favor of Langley.
When Dr. Blackmon examined Mr. Langley in September, 1984, for an unrelated complaint, a chest x-ray was done. It showed a mass of three by four centimeters in Langley's left lung. Mr. Langley alleged, and testified, that Dr. Blackmon said nothing to him about the mass. Dr. Blackmon contended that he had told Mr. Langley about it and had advised him that he needed additional diagnostic testing because of it to determine what the mass was.
In April, 1985, Mr. Langley sought treatment from another physician, and it was determined that the mass had trebled in size since the September, 1984, x-ray was made. It was malignant, and although surgery was performed, it is agreed that Langley has little chance of survival. The cancer has metastisized and spread to the brain.
In his complaint, Mr. Langley sought damages for pain, suffering, and mental anguish, as well as "additional" medical expense, loss of earnings, reduction in life expectancy, and a disfiguring injury. He presented expert testimony by a Dr. Desantis, the essence of which was that Mr. Langley's chance of survival for a five-year period was 40% in September, 1984, and that it was reduced to 18% in April of 1985. Dr. Blackmon presented other expert testimony which buttressed the conclusion that Mr. Langley had a less than 50% chance of survival even in September, 1984.
Mr. Langley testified to the fact that, because of his inability to work since learning of his diagnosis, he had to give up his business enterprises, and is now receiving a disability allowance. He told of vomiting "all night," for days and weeks at a time. Mrs. Langley testified that she had been with her husband through his surgery and chemotherapy experiences and that her husband had appeared to be in "tremendous pain."
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