10 Arkansas opinions name it 2 courts 1992–2024 2 in the last five years
The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Koch v. NORTHPORT HEALTH SERVICES OF ARK.green2 sentences2021Koch v. Northport Health Servs. of Ark., LLC, 361 Ark. 192, 202 , 205 S.W.3d 754, 762 (2005). 2012Although the Arkansas Supreme Court has not expressly considered whether a resident’s rights claim is subsumed into a medical-malpractice claim, it has referred to a resident’s rights claim as a statutory claim that is separate and distinct from any negligence claim. 3 Koch v. Northport Health Servs. of Ark., LLC, 361 Ark. 192, 202 , 205 S.W.3d 754, 762 (2005). | 2 | 2 |
Wright v. Sharmagreen2 sentences2024See Wright v. Sharma, 330 Ark. 704 , 956 S.W.2d 191 (1997). 2024See Wright v. Sharma, 330 Ark. 704 , 956 S.W.2d 191 (1997). | 1 | 1 |
Estates of Morgan v. Fairfield Family Counseling Centergreen2 sentences2015See, e.g., Estates of Morgan v. Fairfield Family Counseling Ctr., 77 Ohio St.3d 284 , 673 N.E.2d 1311 (1997) (holding that a psychor therapist must protect against or control a patient’s violent propensities and that a “professional-judgment standard” - applied); Jarmie v. Troncale, 306 Conn. 578 , 50 A.3d 802 , 808 (2012) (third-party claim against a doctor for failure 114to warn failed as a medical-malpractice claim because the person harmed and the doctor did not have a physician-patient relationship); see also Civil Liability of Psychiatrist Arising out of Patient’s Violent Conduct Resulti 2015See, e.g., Estates of Morgan v. Fairfield Family Counseling Ctr., 77 Ohio St.3d 284 , 673 N.E.2d 1311 (1997) (holding that a psychor therapist must protect against or control a patient’s violent propensities and that a “professional-judgment standard” - applied); Jarmie v. Troncale, 306 Conn. 578 , 50 A.3d 802 , 808 (2012) (third-party claim against a doctor for failure 114to warn failed as a medical-malpractice claim because the person harmed and the doctor did not have a physician-patient relationship); see also Civil Liability of Psychiatrist Arising out of Patient’s Violent Conduct Resulti | 1 | 1 |
First Commercial Trust Co. v. Rankgreen2 sentences1998First Commercial Trust Co. v. Rank, 323 Ark. 390, 396 , 915 S.W.2d 262, 264 (1996). 1998First Commercial Trust Co. v. Rank, 323 Ark. 390, 396 , 915 S.W.2d 262, 264 (1996). | 1 | 1 |
Alexander v. Twin City Bankgreen2 sentences1996See Alexander v. Twin City Bank, 322 Ark. 478 , 910 S.W.2d 196 (1995). 1996See Alexander v. Twin City Bank, 322 Ark. 478 , 910 S.W.2d 196 (1995). | 1 | 1 |
Medi-Stat, Inc. v. Kusturingreen2 sentences1992See Medi-Stat, Inc. v. Kusturin, 303 Ark. 45 , 792 S.W.2d 869 (1990). 1992See Medi-Stat, Inc. v. Kusturin, 303 Ark. 45 , 792 S.W.2d 869 (1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Koch v. Northport Health Services of Arkansas, LLC
green
2 sentences2021Koch v. Northport Health Servs. of Ark., LLC, 361 Ark. 192, 202 , 205 S.W.3d 754, 762 (2005). 2012Although the Arkansas Supreme Court has not expressly considered whether a resident’s rights claim is subsumed into a medical-malpractice claim, it has referred to a resident’s rights claim as a statutory claim that is separate and distinct from any negligence claim. 3 Koch v. Northport Health Servs. of Ark., LLC, 361 Ark. 192, 202 , 205 S.W.3d 754, 762 (2005). | 2 | 2012–2021 |
Bedell v. Williams
green
2 sentences2021See Koch, supra; Smith, supra. Moreover, a resident’s-rights claim brought before the 2013 amendment did not require the plaintiff to demonstrate a violation of the applicable professional standard of care, see Bedell v. Williams, 2012 Ark. 75 , at 12–15, 386 S.W.3d 493 , 502–504 (holding that it was an error to allow a medical expert to opine on the meaning of dignity as used in the Resident’s Rights Act), and it at least arguably allowed for recovery for loss of dignity as a separate element of damages. 2021See Koch, supra; Smith, supra. Moreover, a resident’s-rights claim brought before the 2013 amendment did not require the plaintiff to demonstrate a violation of the applicable professional standard of care, see Bedell v. Williams, 2012 Ark. 75 , at 12–15, 386 S.W.3d 493 , 502–504 (holding that it was an error to allow a medical expert to opine on the meaning of dignity as used in the Resident’s Rights Act), and it at least arguably allowed for recovery for loss of dignity as a separate element of damages. | 1 | 2021–2021 |
McCoy v. Robertson
green
1 sentence2020In McCoy, the circuit court dismissed a medical-malpractice claim with prejudice, and this court affirmed, holding that while the return of service is prima facie evidence that service was made as stated, there was “simply no proof of timely service presented to support McCoy’s claim that the doctors had been served.” Id. at 14, 550 S.W.3d at 40 . | 1 | 2020–2020 |
Timothy Allen Bowers v. United States
green
1 sentence2007In Bowers v. United States, 904 F.2d 450 (8th Cir. 1990), this court held that Feres barred a medical malpractice claim by an Air Force recruit. | 1 | 2007–2007 |
Rice v. Tanner
green
1 sentence2006Id. *20 In considering the medical malpractice claim, we are mindful that pursuant to Ark.Code Ann. § 16-114-209 (Repl.2003), a plaintiff must provide, within thirty days of the filing of the complaint, an affidavit containing an expert opinion as to the standard of care in the particular specialty, the breach of that standard, and resulting injury. | 1 | 2006–2006 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.