Supreme Court of Arkansas

Mary Clark v. Johnson Regional Medical Center Orthopaedics, P.a. D/b/a River Valley Musculoskeletal Center Jennifer…

March 11, 20102010 Ark. LEXIS 142

Summary

The court affirmed dismissal of Clark’s medical-malpractice action for improper venue, holding that the medical-injury venue provision applies to any action against medical-care providers, including claims involving multiple providers and counties. It also rejected Clark’s separation-of-powers challenge because establishing venue is constitutionally assigned to the General Assembly rather than the judiciary. Justices Wills and Danielson concurred, with Wills advocating a purely constitutional analysis and Danielson questioning the provision’s practical and constitutional implications.