191910P.pdf   07/06/2020  Rachel Howard  v.  United States
   U.S. Court of Appeals Case No:  19-1910
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Shepherd, Author, with Gruender and Arnold, Circuit Judges] 
   Civil case - Federal Tort Claims Act. Plaintiff's decedent died after a 
   fall at a V.A. hospital, and she brought this suit under the FTCA, 
   alleging medical malpractice and a claim of wrongful death; the district 
   court's conclusion that decedent did not appear dizzy on the morning of 
   his fall was supported by substantial evidence; the district court did not 
   err in determining that under the circumstances there was no breach of the 
   applicable standard of care and that plaintiff had not, therefore, 
   established a case of medical malpractice under Arkansas law; under 
   Arkansas law, the underlying tort in a wrongful death claim would be the 
   medical malpractice committed against decedent and, since the court 
   correctly determined there was no malpractice, the wrongful death claim 
   also fails.