Legal Opinion · Dissent
Hamilton v. Allen
Court of Appeals of Arkansas
Decided November 7, 2007No. CA 06-1051Published
1DissentKaren R. Baker, Judge
If our standard on review of summary judgment is that we actively work to prevent a medical malpractice case from going to trial, then we should clearly state that goal. The reality is that we are not far from that practice now. One study conducted by the U.S. Department of Health and Human Services revealed that only 1.53% of those injured by medical malpractice file a claim. See KimberlyJ. Frazier, Arkansas’s CivilJustice Reform Act of2003: Who’s Cheating Who?, 57 Ark. L. Rev. 651, 655 & n. 28 (2004). The same study indicated that a mere 8-13% of the claims filed by these injured patients…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Wallace v. BroylesSupreme Court of Arkansas · 1998
- Zeier v. Zimmer, Inc.Supreme Court of Oklahoma · 2006
- Advocat, Inc. v. SauerSupreme Court of Arkansas · 2003
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