# O'Guinn v. Little River Memorial Hospital

> Court of Appeals of Arkansas · October 23, 2013 · 430 S.W.3d 150

URL: https://www.frixlaw.com/law-library/cases/9526731

## Case

- **Full name:** Patsy Ann O’GUINN, Appellant v. LITTLE RIVER MEMORIAL HOSPITAL and Risk Management Resources, Appellees
- **Court:** Court of Appeals of Arkansas
- **Decided:** October 23, 2013
- **Citations:** 430 S.W.3d 150; 2013 Ark. App. 593; 2013 Ark. App. LEXIS 610; 2013 WL 5740987
- **Precedential status:** Published
- **Opinion:** Concurrence by Whiteaker
- **Judges:** Rita W. Gruber
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9526731

## Opinion text

PHILLIP T. WHITEAKER, Judge, concurring.
I agree with the majority that Ms. O’Guinn is entitled to a change-of-physician order under these circumstances based on our previous interpretation of section 11-9-514 in Wal-Mart Associates, Inc. v. Keys, 2012 Ark. App. 559 , 423 S.W.3d 683 . I write separately solely to express my belief that the legislature should consider revising the statute to clearly address the circumstances under which a claimant who, through no fault of her own, is left without a physician after having previously invoked her statutory entitlement to a one-time change of physician. I note that the change-of-physician statute as currently written does not specifically address the situation in which a physician dies during the treatment of a patient; nor does it clearly address the possibility that a physician may retire, move, or have his or her privileges or license to practice medicine revoked or suspended during the physician’s treatment of the claimant. I believe that the determination of these issues is better left to legislative enactment, than judicial interpretation.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9526731. Public record. Not legal advice.