brought under the FederalTort Claims Act (“FTCA”), 28 U.S.C. § 1346 et seq.1 Cleveland challenges
certain evidentiary rulings and the district court’s final determination that she failed to prove that the
defendant’s conduct fell below the requisite standard of care.  
I
Samuel sought admission to the emergency room at the Bayne Jones Army Community
Hospital (“BJACH”), presenting with flu-like symptoms, a slightly elevated respiration rate, and a
medical history of diabetes. Samuel was first seen by a triage nurse, who took his medical history and
classified him as a “category four,” a low priority patient. Samuel did not indicate that he had a prior
history of serious medical conditions, including congestive heart failure, hypertension, and other
chronic conditions, nor did he state that he was currently taking medications.  Physician assistant
George Eubanks (“Eubanks”) then examined Samueland concluded that he did not need a chest x-ray
or other further tests. Eubanks diagnosed Samuel with an upper respiratory infection, bronchitis, and
sinusitis, and prescribed a variety of medications: Entex, Proventil, and Zithromax. He then
discharged him.  
During the time Samuel was in the emergency room, Eubanks did not consult with an
attending physician.  Furthermore, Eubanks did not review Samuel’s medical file, which contained
his full medical history, including his prior congestive heart failure, until one hour after his discharge.
After receiving and reviewing the file, Eubanks did not believe that the file indicated any reason to
call Samuel back into the ER.  
Two days later, Samuel returned to the ER. He was diagnosed with pneumonia resulting from
1 Because SamuelCleveland has passed away, his wife, Bobbie Jean Cleveland, brought
suit on his behalf. For clarity, we will refer to the Appellant as “Cleveland” and the decedent as
“Samuel.”  
-2-
