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.
Costs, Requirements, and Limitations: