¶1dissenting. Error was committed during cross-examination when the trial court refused to allow appellants to show that appellee’s witness, Dr. Dickson, was biased. Appellants attempted to elicit from the doctor that he had been employed by appellee’s insurance company to furnish a report on the case. It was not until the doctor was actually shown the report that he admitted writing it, and then appellee’s objection prevented further questioning. In chambers, the trial court ruled that “insurance” was not to be mentioned, thereby preventing appellants from showing that Dr. Dickson was biased by the fact that he had been paid by appellee’s insurance company to furnish them a report on the case.
¶2The majority acknowledges that “the trial judge held the evidence of insurance had some relevance as showing a possible bias by the witness, but that the prejudice which would result from the jury knowing insurance was involved outweighed any probative value.” In Murray v. Jackson, 180 Ark. 1144, 24 S.W.2d 960 (1930), we allowed Gross-examination on this very point, stating that a jury could find bias from the fact that a defense witness was employed to make a report to the defendant’s insurance company. Although we have stated that insurance should not unnecessarily be injected into a case, we have consistently allowed references to insurance whenever it is relevant, as here, to an issue in the case. York v. Young, 271 Ark. 266, 608 S.W.2d 20 (1980); Industrial Farm Home Cas. Co. v. McDonald, 234 Ark. 744, 355 S.W.2d 174 (1962). The bias or interest of a witness is always a relevant issue. We have specifically and consistently held that it is not within the trial court’s discretion to deny a party the privilege of showing that a witness is biased and that it is reversible error to exclude testimony which shows bias. Wright v. State, 133 Ark. 16, 201 S.W. 1107 (1918); Bethel v. State, 162 Ark. 76, 257 S.W. 740 (1924). The reason for the rule is that the jury is entitled to know of any possible bias since it affects the weight to be accorded to the witness’s testimony. Here, the fact that appellee’s witness was employed to furnish a report on the case to appellee’s insurance company was clearly admissible for the purpose of showing bias in favor of appellee.
¶3The majority attempts to evade the import of their decision in this case and our case of Murray v. Jackson, supra, by stating that “the trial court permitted Dr. Dickson to be asked if he was paid for his report and for his testimony.” Dr. Dickson’s response was that he could not recall whether he was paid for the report and coyly avoided whether he was being paid to testify by saying that he was not being paid to testify but if any payment was offered he would accept it.
¶4Dr. Dickson’s response points up the impact of the trial court’s ruling that “insurance” was not to be mentioned. But for this ruling appellant would have been able to jog his memory by expressly asking him if he was paid by the insurance company for which he made the report. At this time it is very significant to note that Dr. Dickson did not remember making the report at all until appellant jogged his memory by showing him the report. With a little help Dr. Dickson could probably have remembered that he did not write a comprehensive report for this insurance company without compensation.
¶5I would adhere to our prior holdings that the right to show a witness is biased is not a discretionary matter, Wright v. State, supra; that if evidence is relevant and probative on the issue of bias, such evidence will not be excluded because its admission would disclose that an insurance company was in some way involved in the case. York v. Young, supra. When an insurance company employs and pays a witness to testify, then its insured should be prepared for the jury to know that insurance is involved. See Industrial Farm Home Cas. Co. v. McDonald, supra.
¶6Although the trial court erroneously prohibited appellants from showing that appellee’s witness was biased, it then properly, but inconsistently, allowed appellee to show that one of appellant’s witnesses was biased. The trial court then erroneously refused to allow appellants to rebut evidence tending to show bias on the part of appellant’s witness. This situation occurred when appellee asked on cross-examination how much appellant’s witness, Dr. Shutkin, was being paid to testify; to which Dr. Shutkin responded $1,500 per day. Appellants later attempted to show that the fee was reasonable by asking appellee, Dr. Edwards, on cross-examination how much he charged for giving a medical deposition. However, the trial court refused to allow Dr. Edwards to answer the question. This ruling was in error. Just as a party should always be allowed to show bias, a party should also always be allowed to rebut the showing of bias.
¶7I would reverse and remand for a new trial.
¶8dissenting. I agree in full with the Chief Justice’s dissent in this case but feel a need to write on an issue I feel is quite important in this case.
¶9Our past cases have held that a practitioner must adhere to local standards and practices: this has been codified through Act 709 of 1979 (§§ 34-2601 et seq. [Supp. 1981]). Ark. Stat. Ann. § 34-2614 addresses this point:
(A) In any action for medical injury, the plaintiff shall have the burden of proving:
(1) That the degree of skill and learning ordinarily possessed and used by members of the profession of the medical care provider in good standing, engaged in the same type of practice or specialty in the locality in which he practices or in a similar locality; and
(2) That the medical care provider failed to act in accordance with such standard; and . . .
¶10In the present case the appellants were prevented from introducing into evidence the Arkansas Department of Health’s “Rules and Regulations for Hospitals and Related Institutions in Arkansas,” which specifically require that a complete history and physical work-up by a physician be in the chart of every patient prior to surgery. These standards are applicable state-wide and would, therefore, be applicable as to the community in which appellee practiced at the time of the occurrence. The appellants at the lower court level had established a basis for proving that the regulation was not complied with when they introduced a preoperative check list which listed 18 items to be performed and initialed before surgery. One of these items was that the history and physical be on the patient’s chart. Beside this numbered requirement was a box to be checked if this information had been dictated only. The appellee testified that he had this information available to him but did not get it into the boy’s chart until almost two weeks after the operation. On the postoperative check list it was noted that the history and physical were not on the chart and the square was not checked that this material had been dictated. The appellants’ contention at trial was that a complete history and work-up would have indicated elapsed time from the initial injury as well as how and where the injury occurred. They felt this information would be important in diagnosing, consulting and treating the boy for his injuries. Whether this would have proven negligence to the satisfaction of the jury is unknown for the jury was not allowed to consider the rules and their alleged violation.
¶11Counsel for the plaintiff had a right to develop his theory of the case the way he saw fit, within our rules of procedure and evidence. Uniform Rules of Evidence, Rule 401, defines relevant evidence by stating:
"Relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
¶12I believe the rules and regulations in question clearly are within our guidelines as to evidence relevant in meeting the plaintiff’s burden of proof and would have been a proper method of proving negligence. The appellee’s actions or inactions in regard to these rules and regulations may not have been the sole proximate cause of the boy’s disability, but may have been one link in a chain of events which taken together would allow a jury the opportunity to find a party negligent. The “causal connection” referred to in the majority opinion becomes perfectly clear through the use of this approach.
¶13In any event, the Arkansas Department of Health’s rules and regulations should have been allowed into evidence and if the judge felt an explanation to the jury was necessary, he could have made such explanation, limitation or admonishment to them upon the introduction of the material into evidence or through the jury instructions.
¶14Counsel has the right to follow a set of trial tactics in attempting to prove the negligence of a defendant. In this case appellants were thwarted in these efforts after haying laid the foundation for them. The question then becomes whether this material was relevant. I believe that it was error not to allow the rules and regulations into evidence. I would reverse and remand.