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Arkansas Medical Malpractice Law
Teresa Bloodman v. Jefferson Hospital Association

This is a medical malpractice case. Appellant advances several arguments on appeal, but the only issue that we must address is whether the trial court erred in granting the appellee hospital’s request to dismiss appellant’s lawsuit based on charitable immunity in the absence of any evidence of the hospital’s current qualifications for charitable-immunity status. We hold that the trial court ... More...   $0 (12-07-2011 - AR)

Rozanna Csiszer v. Mary Wren

Rozanna and Charles Csiszer sued the hospital and obstetrician that provided care to Rozanna during the birth of their daughter, Allison Csiszer. The complaint alleged that negligent care during the delivery was the proximate cause of Allison’s cerebral palsy. The jury returned a verdict for the defendants. The Csiszers appeal, arguing that the district court1 committed several errors in its con... More...   $0 (08-06-2010 - AR)

Jeremy Antley v. Dr. Faye Armstrong-Papp and Northwest Medical Center

Jeremy Antley sued Dr. Faye Armstrong-Papp on a medical negligence (medical malpractice) theory claiming that Defendant acted below the standard of care in providing post-operative case to him after his appendix burst during an appendectomy performed tat Northwest Arkansas Medical Center on August 19, 2007. Plaintiff presented at the hospital in pain and was correctly diagnosed as having an infla... More...   $0 (11-05-2009 - AR)

Beverly Enterprises, Inc. v. Valerie Keaton

Appellants Beverly Enterprises, Inc., Beverly Health and Rehabilitation Services, Inc., and Beverly Enterprises Arkansas, Inc., d/b/a Beverly Healthcare-Camden, appeal a judgment of the Ouachita County Circuit Court awarding Appellee Valerie Keaton, Individually and as Administratrix of the estate of Herman Johnson, Deceased, compensatory damages for negligence and punitive damages. Appellants all... More...   $0 (09-24-2009 - AR)

John H. Bayird v. William Floyd; Beverly Enterprises, Inc., Beverly Health and Rehabilitation Services, Inc; Beverly Enterprises-Arkansas, Inc. d/b/a Beverly Healthcare-Monticello; XL Insurance, Inc. and XL Insurance (Bermuda) Ltd.

Appellant John H. Bayird, as administrator for the estate of his deceased mother, Mamie Elliott, appeals the order of the Drew County Circuit Court granting the motion of Appellee William Floyd to dismiss the complaint against him for failure to state facts upon which relief could be granted. Because the circuit court considered “other pleadings and exhibits” that Appellant had not included in... More...   $0 (10-06-2009 - AR)

Dorothy Jean Rice v. Duncan Ragsdale and Gerald Coleman

This appeal is from a judgment on the pleadings entered in a legal-malpractice case that appellants Dorothy Rice, Winston Rice, Jr., Dianne Anderson, and Gay Roberts filed against appellees, attorneys Duncan Ragsdale and Gerald Coleman, who represented them in a previous medical-malpractice case following the June 29, 2000 death of Winston Rice, Sr. We affirm the judgment for appellees.

On ... More...
   $0 (02-11-2009 - AR)

Donald A. Castleberry v. Charles H. Fohn, M.D., et al.

This is an appeal from the dismissal of a wrongful-death action based on medical malpractice on the grounds that the statute of limitation had run. Appellant argues that, because the cause of action for wrongful death did not accrue until the death, the trial court erred in ruling that the limitation period commenced on the date of the last allegedly negligent medical treatment. We affirm.

... More...
   $0 (02-11-2009 - AR)

William L. Jackson v. Sparks Regional Medical Center & Columbia Casualty Company

Appellant William L. Jackson, as special administrator of the Estate of Sherri Jackson, deceased, appeals the order of the Sebastian County Circuit Court granting summary judgment in favor of appellees Sparks Regional Medical Center and Columbia Casualty Company. Jackson asserts that Sparks’s motion for summary judgment was granted in error because Sparks is not entitled to the charitable-immuni... More...   $0 (02-18-2009 - AR)

Charles Archer, et al. v. Sisters of Mercy Health System, St. Louis, Inc. d/b/a Sisters of Mercy Health System d/b/a St. Joseph's Mercy Health Center

This appeal involves a medical malpractice action brought by appellants Charles and Linda Archer (“the Archers”) on behalf of their son, Mason Archer, against multiple parties, including appellee, Sisters of Mercy Health System, St. Louis Pooled Comprehensive Liability Program (“the Liability Pool”).1 The circuit judge entered an order dismissing the Liability Pool. We reverse and remand.<... More...   $0 (02-18-2009 - AR)

Joshua Allen Dachs, etc. v. Barry D. Hendrix, M.D., et al.

Appellants Joshua Dachs, individually, and Joy Dachs, as special personal representative of the estate of Elizabeth Dachs, deceased, appeal the Greene County Circuit Court’s order granting summary judgment in favor of appellees Dr. Barry Hendrix; Family Practice Clinic; Hendrix Medical Services, PLLC; and Paragould Physicians Management, LLC (collectively, the physician defendants); Rebecca Fish... More...   $0 (09-24-2008 - AR)

Tommie Reed v. Peggy Guard, M.D., et al.

In this appeal, we are asked to consider what constitutes a "foreign object" that would toll the two-year statute of limitations in a medical malpractice action. See Ark. Code Ann. 16-114-203(b) (Repl.2006).

Appellant Tommie Reed was a patient of Appellee Dr. Peggy Guard, a gynecologist in Little Rock; Dr. Guard treated Reed for a variety of complaints from August 1995 until January ... More...   $0 (06-20-2008 - AR)

Advanced Environmental Recycling Technologies, Inc. v. Advanced Control Solutions, Inc.

This appeal arises from a complaint filed by Appellee/Crossappellant Advanced Control Solutions, Inc. ("ACS") against Appellant/Crossappellee Advanced Environmental Recycling Technologies, Inc. ("AERT") and Orin B. Justice. The complaint averred that AERT, a client of ACS, had hired Justice, a former employee of ACS, in violation of a covenant not to compete. The complaint alleged multiple c... More...   $0 (02-07-2008 - AR)

Andrea Newton v. Clinical Reference Laboratory, Inc., etc.

Andrea Newton sued a clinical laboratory, a medical review officer, and the review officer's employer, alleging negligent performance of a drug test mandated by Newton's employer. Newton claims that she lost her job because the defendants negligently performed the drug test, and then notified her employer of a positive result. The district court dismissed the complaint with prejudice, on the g... More...   $0 (02-22-2008 - AR)

Mary H. Waterson v. Jeffrey A. Hall

Mary Waterson appeals the district court's order granting Dr. Jeffrey Hall's motion to stay the medical malpractice claim Waterson brought against him. The district court granted the stay on the grounds the claim had been discharged in Hall's bankruptcy proceeding. Because we conclude we have no final appealable order before us, we dismiss for lack of appellate jurisdiction. 111 U.S.C. 523(... More...   $0 (02-11-2008 - AR)

Paul Montgomery, et al. v. Sisters of Mercy, et al.

Paul Montgomery and Dr. Lonnie E. Harrison sued St. Edward Mercy Medical Center and Dr. Mark McCoy on a qui tam (whistle blower - False Claims Act claims) theory claiming that defendants systematically submitted false claims to federal insurance programs and its doctors of manipulating information to conceal adverse outcomes from unnecessary procedures. Montgomery successfully sued McCony on a... More...   $0 (09-29-2007 - AR)

Paul Montgomery, et aux. v. Dr. Mark McCoy and Cooper Clinic

Paul Montgomery, et aux. sued Dr. Mark McCoy and Cooper Clinic on a medical negligence theory claiming that Dr. McCoy acted below the standard of care in caring for and treating him and that Dr. McCoy's malpractice directly harmed him. McCoy performed heart bypass surgery on Montgomery in June 1998, then performed femoral bypass surgery on both of his legs about two months later. Montgomery t... More...   $3500000 (08-15-2007 - AR)

Mary Jones v. Professional Counseling Associates et al.

On May 4, 2001, appellant Mary Jones filed a complaint in the Pulaski County Circuit Court against Professional Counseling Associates (hereafter, "PCA"), Richard Flanigan, M.D., Ruth Czirr, Ph.D., and Jennifer Rauls, LMSW, alleging medical malpractice, defamation, and fraud and asserting her entitlement to damages based on the doctrine of res ipsa loquitur. Appellees filed a motion for summary ... More...   $0 (02-26-2004 - AR)

Tyrone Simpson v. State of Arkansas

Appellant Tyrone Simpson was convicted by a jury of second-degree murder and sentenced to twelve years' imprisonment. On appeal, Simpson argues that the trial court abused its discretion by refusing to allow lay-opinion testimony by an eyewitness that the shooting was accidental. We disagree and affirm.

Simpson was charged with first-degree murder in connection with the shooting death of ... More...   $0 (11-12-2003 - AR)

Advocat, Inc., et al. v. Lon C. Sauer, individually, and as Administrator of the Estate of Margaretha Sauer, etc.

On July 19, 1998, Margaretha Sauer died at the Mena Medical Center following a five and one-half year stay at Rich Mountain. She was 93 years old. Mrs. Sauer's discharge summary revealed that the cause of her death was severe electrolyte abnormalities, with contributing factors of "Alzheimer's type, dementia[,]" and protein calorie malnutrition.

The events leading up to Mrs. Sauer's death... More...   $26000000 (05-02-2003 - AR)

McCorkle Farms, Inc. v. Gene Thompson

This is a crop-damage case. Appellant, McCorkle Farms, Inc., filed suit against Delta Farms Elevator, Inc., Delta's president and sole shareholder, appellee Gene Thompson, and Randy Atkison d/b/a Buffalo Island FlyingService1 after noticing symptoms consistent with its cotton crop being exposed to the pesticide 2,4-D. Shortly before these symptoms were noticed, Atkison had been retained by Thompso... More...   $0 (09-18-2002 - AR)

Bobbie Holland and Donald Holland v. Stephen F. Lefler, M.D., et al

On July 25, 2001, appellants filed a complaint against appellees under the Arkansas Medical Malpractice Act, Ark. Code Ann. 16-114-201, et seq., alleging that appellants suffered damages as a result of appellees' negligence in performing surgery on Bobbie Holland. Under Rule 4(i) of the Arkansas Rules of CivilProcedure, appellants had until November 26, 2001, that is, 120 days from the date the ... More...   $0 (01-22-2003 - AR)

Estate of Willard Gene Harris v. Michael Hagaman, M.D.

In August 1998, Willard Harris was delivered by Dr. Michael Hagaman. The delivery was complicated by a shoulder dystocia, described as a medical emergency in which the baby's head is delivered but one or both of the child's shoulders are stuck within the birth canal. After the child's birth, he was diagnosed with a permanent brachial plexus injury, a nerve injury to the right shoulder.

Lind... More...   $0 (09-13-2002 - AR)

Stephen B. Williamson, M.D. v. Steven Craig Elrod, etc.

This is a medical-malpractice action brought by the Estate of Floy Elrod, deceased, against general surgeon Stephen B. Williamson, M.D. Floy Elrod, age sixty-six at death, was survived by her husband of forty-seven years, Tullis Elrod, and two adult sons, Steven Craig Elrod and John Stanley Elrod. At trial, the jury found that Dr. Williamson was negligent. The jury awarded Tullis Elrod $500,000 fo... More...   $0 (04-25-2002 - AR)

Davis v. St. John's Health Sys., Inc.

This is a medical malpractice case that presents the issue of whether Arkansas courts have personal jurisdiction over a Missouri corporation. Appellants David Craig Davis and Marlo Davis are a married couple living in the state ofMissouri. The appellee is St. John's Health System, Inc. (St. John's), a Missouri corporation, which is qualified to do business in Arkansas. The Davises filed suit again... More...   $0 (03-21-2002 - AR)

Donna Little v. St. Paul Mercury Insurance Company

Donna Little, the sister of David Rosborough, deceased, appeals as special administrator of his estate. David committed suicide while in the Leo N. Levi Memorial Hospital (hospital) in Hot Springs, Arkansas. Appellant originally filed a medical malpractice action against the hospital. She later substituted St. Paul Mercury Insurance Company (appellee), the insurance carrier for the hospital, as th... More...   $0 (02-06-2002 - AR)

Tamera Heimbuch v. David Cummins

Tamara Heimbuch filed pro se a medical malpractice action against Dr. David Cummins in May 2000. She then failed to comply with a scheduling order directing her to provide the court with a witness list by April 23, 2001. The order warned that her lawsuit could be “dismissed without prejudice” if she failed to respond to any communication of the court within thirty days, and that th... More...   $0 (12-05-2001 - AR)

Keziah G. Watts v. St. Edward Mercy Medical Center

Appellant Keziah G. Watts appeals from the trial court's decision granting appellee summary judgment in her medical malpractice action. In her complaint, appellant alleged that appellee's failure to diagnose her broken hip for three daysafter she was admitted to the hospital caused a worsening of her injury, additional pain and suffering, and additional medical expenses. After a hearing on appelle... More...   $0 (07-05-2001 - AR)

Keziah G. Watts v. St. Edward Mercy Medical Center

Appellant Keziah G. Watts appeals from the trial court's decision granting appellee summary judgment in her medical malpractice action. In her complaint, appellant alleged that appellee's failure to diagnose her broken hip for three daysafter she was admitted to the hospital caused a worsening of her injury, additional pain and suffering, and additional medical expenses. After a hearing on appelle... More...   $0 (07-05-2001 - AR)

Jay Michael Raley v. Dr. Charles Wagner

On December 8, 1997, appellant, Jay Michael Raley, filed a medical malpractice action against appellee, Dr. Charles Wagner. Appellant, who was born January 16, 1979, was eighteen years old at the time the complaint was filed. Appellant suffers from Hirschsprung Disease, a disease of the colon. In his complaint, appellant alleged that appellee, a pediatric surgeon, had negligently performed a "Soav... More...   $0 (10-11-2001 - AR)

Holt v. Dr. Dan Taylor Walker

On April 30, 1996, Sheryl Holt was a patient of Dr. Wagner, and she had elected to have Dr. Wagner perform gallbladder surgery on her. On that date, Dr. Wagner ordered a routine chest x-ray exam prior to surgery. The x-ray was performed by Dr. Donald A. Harper, and the reportfollowing the x-ray made reference to a "right apical mass, infiltrate and/or plural thickening[,]" which is an abnormal con... More...   $0 (05-10-2001 - AR)

Diana Jackson v. Dr. J.K. Buchman and J.K. Buchman, M.D., P.A.

Medical malpractice - Plaintiff claimed that defendant negligently performed a gallbladder surgery upon her and that she was harmed as a result of his negligence.

The record reflects that on or about November 2, 1994, Diana Jackson was hospitalized at St. Vincent's Infirmary in Little Rock for surgery to remove her gallbladder. Dr. Buchman performed the ... More...   $0 (07-22-1999 - AR)

Ron Fields v. Richard A Eisner, M.D. and Equivision

Medical Malpractice - Radial Keratotomy - Ron Fields filed a lawsuit against Fort Smith ophthalmologist Richard Eisner and his clinic, Equivision, Inc., contending that Dr. Eisner committed medical malpractice when he negligently performed bilateral radial keratotomy surgery on appellee, resulting in the development of an infection in... More...   $0 (09-08-1999 - AR)

Maurice "Frank" Hill v. Dr. Frank Panettiere, et al.

Medical malpractice - Plaintiff went in for treatment of colon cancer in 1993. Tumor was removed and his colon was resected. The tumor was approximately softball size. Two lymph nodes were also sampled. The surgeon then felt for nodules in the liver and diagnosed Mr. Hill with liver cancer. The patient was then sent to defendant for 5FU chemotherapy. After approximately a year, Mr. Hill was ... More...   $428115 (03-01-1999 - AR)

Diann K. Dodson (Douglas) and Ruthie Drain, Administratrix of The Estate of Freddie Drain v. Charter Behavioral Health System of Northwest Arkansas, INC. d/b/a Charter Vista Hospital

Medical Malpractice - From March 9, 1994, to March 21, 1994, Tammy Harrison was an in-patient at Charter Vista Hospital in Fayetteville. Her diagnosis was severe depression, and she was placed on a suicide watch. According to a Psychiatric Evaluation completed by Dr. Stephen Dollins on March 9, 1994, she had suicidal ideations with a plan of driving in front of a truck to make her death look ... More...   $0 (03-11-1997 - AR)

Donna Smith v. Sparks Regional Medical Center

Medical malpractice - Donna Smith sued Sparks Regional Medical Center alleging that hile she was a patient at Sparks on July 2, 1994, she was sexually assaulted by an employee assigned to bathe her. Smith asserted that Sparks had been negligent in hiring its employee, Jeff Chavez, because he previously had been discharged by another hospital for sexually harassing a patient. She further asserted... More...   $80000 (10-07-1998 - AR)

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