Later courts went against this
Overruled in part by Bailey v. Rose Care Center, 307 Ark. 14 (1991)
Co., 292 Ark. 558, 732 S.W.2d 130 (1987), overruled in part by Bailey v. Rose Care Ctr., 307 Ark. 14, 817 S.W.2d 412 (1992) (injury was not a medical injury).
The opinion
John I. Purtle, Justice, concurring. I concur with the result reached in the majority opinion. However, let the record reflect that I do not agree that the injury in this case was a medical malpractice injury. The injury and death were no more a consequence arising out of professional service than they would have been if the doctor had driven up to the institution and injured the patient by running over him with his automobile. Clearly, the cause of action in the present case did not arise during the “course of professional services.”
Hickman, J., joins.