Verdicts

The Court of Appeals of Arkansas, Division Four, has found that a trial court erred in dismissing a medical malpractice/wrongful death claim after it improperly found that the plaintiffs lacked standing to sue even after the probate court corrected the clerical error that could have stood in their way. Smith v. Rebsamen Medical Center Inc., 2011 Ark. App. 722 (11/30/11).

An order appointing the co-administrators of the decedent's estate was signed on May 26, 2010. The co-administrators filed this malpractice/wrongful death suit that same day. However, unbeknown to them, the order was not marked as filed in the clerk's office until two days later, on May 28. The last date for timely filing of the suit under Arkansas law was June 16, 2010. The defendant medical providers moved the court for summary judgment on Aug. 9, 2010, claiming that the co-administrators of the decedent's estate did not have the authority to file the action on May 26th. On Aug. 12, 2010, the co-administrators filed a motion for order nunc pro tunc in the probate case. The probate court granted the order, declaring that the order appointing the co-special administrators was deemed filed as of 9:00 a.m., May 26, 2010 ' a time that preceded the filing of the malpractice complaint. Despite the order nunc pro tunc, Pulaski County Circuit Court dismissed the med-mal case on Nov. 10, 2010.