LITTLE ROCK, Ark. (Legal Newsline) - Arkansas personal injury lawyers are accused of costing a Beebe man his shot at suing his health care provider for medical malpractice.
Kent McCoy filed suit Jan. 11 in Pulaski County Circuit Court against the Cook Law Firm and Polewski & Associates, alleging lawyers there failed twice to serve his lawsuit on UAMS Medical Center within 120 days of it being filed, as is required.
McCoy's med-mal suit was filed Dec. 2, 2015, but service was "attempted but was improper," and the trial court did not grant an extension, the suit says.
Next, his lawyers filed an amended complaint on Feb. 4, 2016, which dismissed nurses sued in the original complaint. Again, service failed, the suit says, adding the lawyers should have filed their original claims against nurses for negligent treatment with the Arkansas State Claims Commission.
The lawsuit cites an Arkansas Court of Appeals ruling that affirmed dismissal of the med-mal suit.
"There was simply no proof of timely service presented to support McCoy's claim that the doctors had been served," it says. "The return of service is prima facie evidence that service was made as stated; the burden then shifts to the party claiming service was not valid to overcome the prima facie case created by proof of service.
"Here, there was never a prima facie case made as to proof of service."
McCoy is now represented by the Brad Hendricks Law Firm.