Opinion

McAdams v. Curnayn

  • 96 Ark. App. 118
  • 239 S.W.3d 17
  • 2006 Ark. App. LEXIS 615
Court
Court of Appeals of Arkansas
Filed
Sep 13, 2006
Status
Published
Author
Crabtree
On the bench
John B. Robbins
Cited by
5 cases

The opinion

Terry Crabtree, Judge, concurring. I am in full agreement with the decision to affirm this case. I write separately to express but one concern. I am disturbed that the Medical Malpractice Act applies to veterinarians. Ark. Code Ann. § 16-114-201 (2) (Repl. 2006). Although I have a duty to apply the law as written, and have done so in this case, I sincerely question the propriety of applying the Act to veterinarians. In my opinion, it is inappropriate to apply the same restrictions of the Act to veterinarians because the dynamics of a lawsuit for an injured pet are not as devastating as that of a patient under the Act. Further, notice of an injury to an animal may not manifest itself in the short time required by the Act. In my view, it is mixing apples with oranges.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.