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The estate of a Hope woman who was a patient of the former Medical Park Hospital while residing in a local nursing home has sought permission in federal court to open a new bankruptcy claim against the former owners of MPH as part of a wrongful death lawsuit in Hempstead County circuit court. The estate of Lula Wilhilmena Sparks has sought permission for relief from the permanent stay which has been in place regarding the disposition of Hope Medical Park Hospital LLC and its ownership by James Cheek and Herschel Brieg through Carraway Medical Systems LLC, of Springfield, Mo., in bankruptcy before U.S. Judge James Mixon. The April 4 filing by Little Rock attorney Scott Lauck seeks to have a new claim originated against the bankruptcy estate of the hospital in consequence of any damages awarded Sparks' estate from a wrongful death lawsuit in Eighth Judicial District-North Circuit Court here. The Movant does not desire to try his cause of action in bankruptcy court, and desires to proceed with his cause of action before the Hempstead County Circuit Court, where he will be entitled to a trial by jury, Lauck's filing states. ...In the event the Movant obtains a judgment in excess of the liability insurance policy limits, the Movant would then file a claim in this Court for determination of the amount of the Movant's claim and if there should be additional payments owed to the Movant from the Estate's assets. Lauck noted that the liability limit for the hospital's insurance was $3 million. Under an order filed April 14 in federal bankruptcy court, the U. S. Trustee and the estate in bankruptcy of the former MPH have 21 days to object to the motion by Sparks' estate, whereupon a hearing will be conducted June 3 in Texarkana to determine the validity of any objection. According to the amended complaint of the Sparks lawsuit, Mark Sparks is seeking damages in circuit court for the wrongful death of Ms. Sparks from MPH in connection with her treatment at the hospital during the period from Jan. 16-April 16, 2012. The issues of medical negligence alleged in the lawsuit stem from the provisions of the Arkansas Nurse Practice Act and the standards of the Joint Commission for the Accreditation of Healthcare Organizations as applied to the practice of wound care and adequate monitoring of changes in patient health condition. Page 2 of 2 - The lawsuit also alleges acts and omissions related to the prudent and adequate staffing, supervision and training of nurses to ensure patient care. The filing also seeks to overturn five sections of the Arkansas civil code related to trial of punitive damages complaints as unconstitutional under the Arkansas Constitution because they limit punitive damages awards in the manner in which they are paid and are sought in courts in Arkansas. <a href=http://louisvuitton.jennrush.com>louis vuitton outlet online</a> Hidden Hospitals, Den of Lions @ Waiting Room
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