Dawson v. Gerritsen

Steele Hays, Justice.

Our jurisdiction of this medical malpractice case derives from Rule 29(l)(o). Mary Francis Dawson died intestate on October 7, 1983 following surgery performed the previous day by Dr. Roy Gerritsen. On October 1, 1985 Mrs. Dawson’s husband, the appellant, filed suit as administrator of the estate against Dr. Gerritsen and Baptist Memorial Hospital-Forrest City, Inc. The defendants, who are the appellees, moved to dismiss the complaint for failure to give the sixty day notice in writing required under Act 709 of 1979 (Ark. Stat. Ann. § 34-2613 et seq., Supp. 1985). Section…