Cox v. Bard

Jack Holt, Jr., Chief Justice.

The issue presented by this appeal is whether the requirement for commencement of a medical malpractice action pursuant to Ark. Code Ann. § 16-114-204(a) (1987) is satisfied by a sheriff serving the doctor with notice of intent to sue. We hold that it is not and affirm.

On February 3, 1987, the appellee, Ralph Bard, M.D., operated on the appellant, Rosanne Cox, to treat her refractory peptic ulcer disease. Dr. Bard continued to treat her post-opera tively until May 1988.

On January 31, 1989, Cox caused the St. Francis County Sheriff to serve Dr. Bard at his office…