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
Tom Glaze, Justice, concurring. I join the majority in its reversal of this cause, but I must disagree with the majority holding that Brown’s death was the result of a “medical injury.” The evidence here simply does not support such a holding. Some of my reasons for disagreeing with the majority on this point are already stated in the dissenting opinion found in Sexton v. St. Paul Fire & Marine Insurance Co., 275 Ark. 361, 364 , 631 S.W.2d 270, 272 (1982). Therefore, I merely adopt the dissenting views expressed in Sexton as supporting my concurrence in this case.
Hickman, J., joins in this concurrence.