Panel Orders New Hearing In Medical Malpractice Case
Last updated Wednesday, February 6, 2008 8:14 PM CST in News
By THE MORNING NEWS
LITTLE ROCK - The state Court of Appeals reinstated a medical malpractice lawsuit Wednesday and ordered a new hearing in the case filed by the husband of a 23-year-old Conway woman who died from pneumonia.
In a unanimous decision, a three-judge appeals panel ruled Faulkner County Circuit Judge David Lee Reynolds erred when he dismissed Jason Forrester's lawsuit because it was filed before the county clerk issued him the letters of administration that made him manager of his wife's estate.
The court said appointing the manager of a person's estate, not the letters of administration from the county clerk, is all that is needed for a lawsuit to be filed.
Tawnya Lynn Forrester died of pneumonia in March 2001. In October 2002, her husband filed a petition for appointment as administrator of her estate.
Thirteen days later, on Oct. 23, the trial court entered an order appointing Jason Forrester administrator.
After his first lawsuit against Dr. Jacquelyn White was dismissed because it did not contain enough facts to constitute a cause of action, Forrester filed a second suit in 2004.
In January 2005, he filed his acceptance of appointment as administrator of his wife's estate, and on the same day the clerk of court issued the letters of administration.
White asked Reynolds to dismiss the second lawsuit, arguing it had been filed before the letters of administration were issued. She also argued the two-year statute of limitations had expired.
After a hearing, Reynolds dismissed the case, saying Jason Forrester "did not have authority or capacity to sue at the time this lawsuit was filed because he had not accepted the letters nor had the letters been issued."
Jason Forrester appealed and the Court of Appeals reversed Reynolds' ruling and ordered a new hearing.
The appeals court said Act 438 of 2007 clarified the effect of a probate order and the purpose of letters of administration.
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