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YOUNG v. GASTRO-INTESTINAL CENTER, INC.

No. CA 03-575.

167 S.W.3d 180 (2004)

Maggie YOUNG v. THE GASTRO-INTESTINAL CENTER, INC. & Diane Brown, R.N.

Court of Appeals of Arkansas, Divisions I, II.

June 23, 2004.

Attorney(s) appearing for the Case

Sheila F. Campbell; and Polewski & Associates, by: John P. Polewski, Little Rock, AR, for Appellant.

Friday, Eldredge & Clark, LLP, by: Laura Hensley Smith and T. Michelle Ator, Little Rock, AR, for Appellee.

JOHN F. STROUD, JR., Chief Judge.

In our original opinion, Young v. The Gastro-Intestinal Center, Inc., Ark.App., S.W.3d (May 12, 2004), we described the duty involved in this case as one of ordinary care. Although not an issue below, it is now clear from the petition for rehearing, the responsive brief, and a re-examination of the original appeal briefs that both parties treated this case as an action governed by the Arkansas Medical Malpractice Act. Although we...

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