Ofili v. Osco Drug, Inc.

Jack Holt, Jr., Chief Justice.

The issue presented by this case is whether the notice of intent to sue on an action for medical injury (contained in Ark. Code Ann. § 16-114-204 (1987)) is required to be served by certified or registered mail pursuant to the statute. We hold that it is and affirm the trial court’s dismissal of the cause of action with prejudice due to the lack of proper service.

On May 1, 1986, the appellant, Francisca Ofili, received a prescription for Indocin (for pain) from her doctor. Her husband, Joseph, took the prescription to appellee, Oseo Drug, to be filled; the…