Arkansas Medical Malpractice Statute of Limitations

Unfortunately, medical malpractice happens.  By accident or negligence, patients either die or receive further injury at the hands of health care professionals that are supposed to help make them better.  Maybe the individual is misdiagnosed, the inappropriate treatment is prescribed, or the proper care is withheld for an unreasonable amount of time.  When this occurs, the patient or family members deserve compensation for current and future medical care, or the punitive damages related to pain, suffering, and the potential loss of future earning power.  However, how these claims are handled may differ, depending on the state of residence.  For example, the state of Arkansas may reduce the award amount by payments from collateral sources.

Time Limits for Filing a Claim in Arkansas

The statute of limitation for filing a claim in the state of Arkansas is two years from the time of the act or omission of treatment that causes injury or death.  However, if a minor under the age of nine is injured, he/she has until the eleventh birthday to file a malpractice suit.

Negligence Laws

The negligence laws in the state of Arkansas may be the same as in other states in some areas.  However, they can also be very different in other areas of the law.  For example, an expert witness cannot be paid to testify based on the presumed value of the award to be given, if the defendant(s) is found to be guilt of malpractice.  For further details, please view the chart below:

Award Limits in Arkansas

Some states limit the amount of compensation you can receive for pain and suffering.  While the economic amount is determined by the currently related medical bills and estimated future costs for treatment and care, the punitive damages are often restricted.  In the state of Arkansas, the limit is $250,000 per plaintiff or three times the actual damages.  Nevertheless, the total punitive damages cannot exceed one million dollars.

Legal Help

A lot of complicated medical details and issues will have to be addressed in a malpractice trial.  To make sure you receive the amount you deserve for medical expenses or the loss of an income, plus any pain and suffering, you should have professional legal help. You do not want to settle for less than what you should have to take care of a loved one, or survive after a loved one has died.