Arkansas Medical Malpractice Laws

When a foreign object was left in the body and could not reasonably have been discovered within the 2-year period, the action may be commenced within 1 year from the date of discovery or when the object reasonably should have been discovered.

For a minor whose injury was not known before their 11th birthday, the suit must be filed within 2 years of discovery or by their 19th birthday, whichever comes first. Minors over 9 are generally subject to the standard 2-year rule.

The Arkansas Constitution prohibits the legislature from capping compensatory damages. There is no limit on economic or non-economic damages in medical malpractice cases.

The statutory punitive damages cap in § 16-55-208 was struck down as unconstitutional in 2011 under Art. 5, § 32. No enforceable statutory cap exists. Only the due process "grossly excessive" standard applies.

Arkansas does not impose a mandatory pre-suit affidavit of merit or certificate of review requirement. However, expert testimony is effectively required at trial.

Unless the negligence is within the jury's common knowledge, the plaintiff must present expert testimony establishing: (1) the standard of care for the same type of practice in the same or similar locality, (2) that the standard was breached, and (3) that the breach caused the injury. The "locality rule" means experts must be familiar with the standard of care in a similar community.

Defines "medical injury" broadly to include any adverse result occurring during or as a result of treatment by a medical care provider, whether the result of an act or omission. Covers hospitals, physicians, nurses, and other licensed healthcare providers.