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Medical Malpractice Insurance in Arkansas: Costs, Statute of Limitations, Requirements & Quotes

ARKANSAS Medical Malpractice Laws 

Every state, including Arkansas, has deadlines- or statute of limitations- for filing malpractice lawsuits. The medical malpractice statute of limitations in the state of Arkansas is two years.

Arkansas medical malpractice laws are quite complex. They are codified in Arkansas’ Annotated Statutes, Section 16-114-203 and state that the statute of limitations to medical negligence-based claims cases is two years following the date of suspected medical negligence. But there are many caveats to this. First, a claim involving a patient under the age of nine has until the child’s eleventh 11th birthday to file suit. If there is delayed discovery, then the statute is two years following the date of discovery of harm or once the minor turns the age of nineteen. If the statute of limitations passes, the claimant will most likely be barred from recovery under Arkansas medical tort law. In addition, for any claim of a foreign object remaining in the body cavity of a patient, patients have one year to file a lawsuit from the date of reasonable discovery of that foreign object.

 

Plaintiffs in Arkansas can file medical malpractice lawsuits if medical negligence, including injury or failure to provide a government standard of care. Such incidents might include: unreasonable or lack of diagnosis or misdiagnosis; mistakes related to prescribing medication; inadequate treatment; or injuries made during birth. Arkansas is one of the few remaining states that does not cap medical damage awards, making it a favorable climate for plaintiffs. Also, in Arkansas, any health care provider who is licensed and certified to provide health care services can be sued including physicians, nurses, psychologists, hospitals and assisted living facilities, among others Thus making it highly recommended for physicians to carry medical malpractice insurance in Arkansas.

Medical Malpractice in Arkansas: Facts & Statistics

  •  In 2016, Arkansas had 9,967 licensed physicians within a population of 2,988,248 residents, equaling 334 physicians for every 100,000 people.
  • In 2015, medical malpractice suits were 32.2 per 100,000 residents, with a total payout of $19.6 million. This represents a 21.46% decrease from 2014.
  • In 2015, Arkansas ranked 6th in medical malpractice lawsuits.
  • The most common three types of medicine practiced as of 2012 were family medicine/general, internal medicine, and pediatrics.

Costs, Requirements, and Limitations:

  • Industry Average Cost of Medical Malpractice Insurance in Arkansas: $8,322
  • Is Medical Malpractice Insurance Required in Arkansas? No, but it highly recommended to protect personal assets from legal fees and payouts.
  • Minimum Medical Malpractice Insurance Carrying Requirements in Arkansas: None, but as mentioned, it is highly recommended.
  • What are the medical malpractice damage caps in Arkansas? None, making payouts potentially much higher than other states.
  • What is the “statute of limitations” for a medical malpractice complaint in Arkansas? 2 years, Arkansas Code section 16-114-203

 

 

Medical Malpractice Insurance in Arkansas
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