Page:Aka v. Jefferson Hospital Association, Inc.pdf/22

648   abuse of discretion, appellant must also prove that he suffered prejudice as a result of the abuse. See Misskelley, 323 Ark. 449, 915 S.W.2d 702. We find no evidence that appellant suffered prejudice and affirm the trial court on this point.

C. Testimony regarding Candace Stewart
Appellant's final point on appeal objects to the trial court's refusal to permit him to allow proof that Dr. Garner "handed off" Mrs. Aka to Candace Stewart, an unlicensed physician, while allowing appellees to refer to her participation as "Dr." Stewart. Aka argued that he suffered prejudice regarding his lack-of-informed-consent claim because he was unable to point out that Candace Stewart was an unlicensed doctor and the only person made available to Mrs. Aka before she signed the consent form. According to appellant, Dr. Garner informed the nurse on duty that she would not see Mrs. Aka to provide any further information regarding the induction procedure but that Candace Stewart should see her instead. At that point, it became Stewart's obligation to obtain the patient's informed consent.

[27] In response, appellees admitted that Stewart had not passed her medical-licensing examination, although she did obtain a doctorate in osteopathy and was a second-year resident with AHEC. In any event, appellees argued that the issue of Stewart's licensure was irrelevant per Ark. R. Evid. 401. The court agreed, reasoning that Stewart's non-licensure was not "particularly relevant because of the circumstances in which it is offered." Again, we observe that appellant must demonstrate both an abuse of the trial court's discretion and ensuing prejudice. We find no evidence of prejudice resulting from the trial court's decision to permit reference to Stewart as Dr. Stewart, and we affirm the trial court on this issue.

IV. Cross-appeal
[28] On cross-appeal, appellees claim that the trial court erred by admitting Nurse Gail Parker's testimony of prior complaints about the lack of faculty supervision over the family-practice residency-training program. We will not reverse a trial court's ruling on the admission of evidence absent an abuse of that discretion, nor will we reverse absent a showing of prejudice. Misskelley, 323 Ark. 449, 915 S.W.2d 702. Here, appellees cannot demonstrate that any