UAMS Benjamin Davis M.D. takes legal advice from “council.”

UAMS doctors, nurses, and other staff are accused of a two-week-long false imprisonment and battery of a man named Sean Lynn, who entered the hospital after a head injury.

Here is what Dr. Benjamin Davis wrote in the medical record on the day Sean Lynn was finally allowed to leave. “I also discussed the case with CMO of the day (and via CMO, hospital council). All of the above concurred that Arkansas has no statute and UAMS has no policy dictating the terms under which a patient may be placed on medical hold. It was made clear to me the police
would be no help without a 72 hour psych hold, which, as stated above, was impossible.”

I am not an attorney. “Council” that Dr. Davis referred to is probably legal counsel. It is odd, therefore, that I noticed a statute in Arkansas that dictates the terms under which a patient may be placed on a medical hold that UAMS “council” does not advise doctors at the university hospital to follow.

Under Arkansas law, where a patient refuses care and no valid surrogate exists, treatment may proceed only upon a court granting a petition supported by medical certification of necessity. Ark. Code Ann. § 20-9-604.

That law is specifically for when no valid surrogate exists, and I was a valid surrogate that existed at all relevant times; but Dr. Davis and the other medical staff refused to share medical information with me and would not honor the decisions that I told them were their prisoner-patient’s wishes. Because they did not acknowledge a valid surrogate, it is my lay opinion that they should have followed § 20-9-604.

The UAMS staff held Sean Lynn for two weeks by using chemical and physical restraints, and never once applied to a court for certification of medical necessity.

It has been two years and the alleged criminals have not been arrested, they have given no restitution and continue to deny that the ordeal ever happened.

During the imprisonment, and to this day, UAMS insists that Sean Lynn fell 30 to 35 feet. The video here was taken two days after the release. Soon after, Sean described jumping off the ten-foot-high rung of a ladder that was falling. His non-hospital-acquired injuries were far more consistent with a jump from 10 feet than a fall from 35 feet.

UAMS counsel Sherri Robinson wrote in documents to the Arkansas Claims Commission that I agreed Sean fell 35 feet on the day of this recording but also claims that we did not warn UAMS of pending litigation and did not mention that we asked UAMS to correct the record to reflect the true cause of the initial injuries.

Mr. Lynn invites offers of legal representation to be sent to bohemian_books@yahoo.com.