Page:Broussard v. St. Edward Mercy Health System, Inc.pdf/8

 offending language added in 2003 is severable, the rest of the malpractice act, including the remainder of section 16-114-206(a)(1) and (2), is unaffected by this decision.

Finally, we address the circuit court's conclusion that because the amended complaint only makes assertions of negligence against Dr. Seffense regarding events in the operating room, and because Broussard's expert only provides opinion regarding treatment after surgery, there is a failure of proof justifying entry of summary judgment in Dr. Seffense's favor. The object of summary judgment proceedings is to determine if there are any issues to be tried. ''See Flentje v. First Nat. Bank of Wynne'', 340 Ark. 563, 11 S.W.3d 531 (2000). Although Broussard alleges in her pleadings that Dr. Seffense is negligent for events occurring in the operating room, events in the operating room were not at issue in this case as developed during discovery. Based on discovery undertaken, the parties seem to have understood that Broussard was alleging negligence in treatment of the burn as opposed to events in the operating room, and the motion for summary judgment was tried largely on that basis. Broussard's expert affidavit indicated alleged negligence of Dr. Seffense with respect to care after surgery. However, Broussard did not amended her pleadings to conform with this legal theory. With some limitations, under Arkansas Rule of Civil Procedure 15, a party may amend pleadings at any time. The question of whether Broussard may amend her pleadings has not been addressed. We remand to the circuit court for a determination of whether Broussard may amend her pleadings to conform to the allegations she is making.

We reverse and remand for this determination and for further proceedings consistent with this opinion.