Arkansas Medical Malpractice Laws

Arkansas medical malpractice laws are found mainly in the Arkansas Medical Malpractice Act. Under A.C.A. § 16-114-203, most claims must be filed within 2 years of the negligent act itself, not the date you discover the harm. Narrow exceptions apply to foreign objects left in the body and to children age 9 or younger, including a separate deadline for injuries during childbirth. Arkansas does not cap malpractice damages.

Briggs Bedigian, a co-founder of Gilman & Bedigian, is a trial lawyer who represents children and families harmed by medical negligence. He won the $182 million birth injury verdict in Hagans v. Hospital of the University of Pennsylvania, the largest medical malpractice verdict in Pennsylvania history. If your baby was hurt during labor or delivery in Arkansas, you can call (800) 529-6162 to talk through what happened. No fee unless we win.

Key Takeaways

• Arkansas's general medical malpractice deadline is 2 years from the date of the negligent act (A.C.A. § 16-114-203), and the Act does not use a general discovery rule.
• For a child injured during childbirth, the claim must generally be filed by the child's 5th birthday. For other injuries to a child age 9 or younger, it must generally be filed by the later of the child's 11th birthday or 2 years after the negligent act, under the same statute.
• The Arkansas Constitution (Article 5, § 32) bars laws limiting the amount recovered for injury or death, so there is no cap on malpractice damages.
• Arkansas uses modified comparative fault (A.C.A. § 16-64-122): a patient who is 50% or more at fault recovers nothing, and a smaller share of fault reduces the award.
• Claims against state hospitals, charitable hospitals, and federal facilities can follow very different procedures than a claim against a private doctor.

What Counts as Medical Malpractice Under Arkansas Law?

In Arkansas, a malpractice claim is a lawsuit for a "medical injury" caused by a "medical care provider," as those terms are defined in A.C.A. § 16-114-201. The patient must prove that the provider's care fell below the accepted standard and that this failure caused an injury that would not otherwise have occurred. A bad outcome alone is not malpractice.

The three things a patient must prove

A.C.A. § 16-114-206(a) places the burden on the injured patient to prove:

1. The standard of care. This is the degree of skill and learning ordinarily used by providers in good standing in the same type of practice, in the same or a similar locality.
2. A breach. The provider failed to act according to that standard.
3. Causation and injury. As a direct result, the patient suffered injuries that would not otherwise have occurred.

The standard of care is what a reasonably careful provider in the same field would have done in similar circumstances. It is not perfection. Doctors can make judgment calls that turn out badly without being negligent.

Arkansas also follows a version of the locality rule. That means the standard is measured against providers practicing in the same or a similar community. It isn't measured against an ideal national benchmark. This affects which experts can testify and how they frame their opinions.

Common types of Arkansas malpractice claims

Claims often involve:

• Misdiagnosis or delayed diagnosis of cancer, stroke, heart attack, sepsis, or infection
• Surgical errors and anesthesia mistakes
• Medication errors in hospitals and pharmacies
• Emergency room failures to test, monitor, or admit
• Nursing negligence, such as missed warning signs
• Labor and delivery errors that cause birth injuries

What about informed consent?

Arkansas treats lack of informed consent as its own theory under A.C.A. § 16-114-206(b). The patient must show the provider didn't share information that similarly trained providers in the same or a similar locality customarily would have shared. Whether the patient would have gone ahead with the treatment regardless of the risk is also a material issue.

Why does any of this matter? Each element shapes which records, experts, and witnesses a case needs. The deadline shapes how much time you have to gather them.

What Is the Arkansas Medical Malpractice Statute of Limitations?

A statute of limitations is the deadline for filing a lawsuit. Miss it, and the court will usually dismiss the case no matter how strong it is.

Under A.C.A. § 16-114-203, an Arkansas medical malpractice lawsuit generally must be filed within 2 years, and the clock starts on the date of the wrongful act "and no other time." That wording makes Arkansas stricter than many states. It means the two years can run out before a patient even realizes something went wrong.

No general discovery rule

Many states start the clock when a patient discovers, or reasonably should have discovered, the injury. Arkansas's Medical Malpractice Act does not do that for most claims. A missed cancer diagnosis in one year may not be recognized until more than two years later. By then, the filing window may already have closed.

The Act also doesn't set a separate statute of repose. The occurrence-based two-year rule does that work instead.

The foreign-object exception

There is a built-in discovery exception for foreign objects. If a foreign object, such as a surgical sponge, is left in the body and could not reasonably have been found within two years, § 16-114-203 allows filing within 1 year of discovery. The year runs from when it was found or should reasonably have been found, whichever is earlier.

Narrow tolling doctrines

Arkansas courts have recognized limited situations that can pause the clock. Fraudulent concealment of the negligence is one. Continuing treatment for the same condition is another, applied in narrow circumstances. These doctrines are fact-specific, and no patient should rely on them without legal advice.

Deadlines can turn on small facts. You can see how timing problems sink otherwise valid claims in our article on statute of limitations complications.

How Do Arkansas Deadlines Apply to Birth Injuries and Children?

Many families researching Arkansas law are caring for a baby hurt during labor or delivery. That includes injuries like hypoxic-ischemic encephalopathy (HIE), cerebral palsy, or brachial plexus injuries. The deadline rules for children differ from those for adults.

Under A.C.A. § 16-114-203, a claim for an injury during childbirth must generally be filed by the child's 5th birthday. For other injuries to a child age 9 or younger, the claim must generally be filed by the later of the child's 11th birthday or 2 years after the negligent act, with a limited extension, no later than the 19th birthday, if the injury could not reasonably have been discovered before the 11th birthday. For a birth injury, that usually gives more time than the adult two-year rule. It is still a firm limit, not an open-ended one.

Why families shouldn't wait for the full window

Some conditions, such as cerebral palsy, are often diagnosed months or years after birth. The extended deadline helps with that. But evidence doesn't wait. Fetal heart monitoring strips, nursing notes, and staff memories are easiest to gather early.

Claims that may follow different clocks

A birth injury can create more than one claim:

• The child's claim for lifelong care, lost earning capacity, and pain and suffering, which follows the minor rule above.
• The parents' own claims, such as for the child's medical expenses during minority. These may be subject to different timing.
• The mother's claim for her own injuries during delivery, which generally follows the adult two-year rule.
• A death claim if a baby died, which raises the wrongful death timing issues covered below.

Each of these should be checked separately with an attorney. Assuming the child's longer window covers everyone is a mistake.

If your child was injured at birth in Arkansas: Gilman & Bedigian handles birth injury cases nationwide and works with local counsel when required by the rules of a particular jurisdiction. You can learn more on our birth injury page or call (800) 529-6162 to discuss what happened.

Do You Need an Expert or Affidavit to File in Arkansas?

Yes on experts, and no on the 30-day affidavit deadline, with important background. In most Arkansas malpractice cases, A.C.A. § 16-114-206(a) requires expert testimony to prove the standard of care, the breach, and causation. The exception is negligence a jury can understand from common knowledge, which is rare in medical cases.

The affidavit deadline that was struck down

In 2003, Arkansas added a requirement that plaintiffs file an affidavit of reasonable cause from an expert shortly after filing suit. The Arkansas Supreme Court struck down the 30-day deadline for filing that affidavit in Summerville v. Thrower (2007). The court held that it conflicted with the court's own rules of procedure.

Arkansas also doesn't send malpractice claims through a medical review panel before suit, as some states do. Any other pre-suit steps should be confirmed with an Arkansas attorney for the specific case.

Who can serve as an expert?

The 2003 law also required experts to practice in the same specialty as the defendant. In Broussard v. St. Edward Mercy Health System (2012), the Arkansas Supreme Court held that the same-specialty requirement was unconstitutional.

Expert qualifications are now governed mainly by Arkansas Rule of Evidence 702 and the locality standard in § 16-114-206. The expert must still be able to speak credibly to the standard of care in the same or a similar locality.

What this means in practice

The lack of a 30-day affidavit deadline doesn't mean a case can be filed without expert review. A claim without solid expert support is unlikely to survive. Experts are typically needed for three questions:

1. What a careful provider would have done
2. How this provider's care fell short
3. Whether that shortfall, rather than the underlying illness, caused the harm

Expert review takes time, and it has to fit inside the two-year window.

Does Arkansas Have a Medical Malpractice Damages Cap?

No. Article 5, § 32 of the Arkansas Constitution provides that no law shall limit the amount recovered for injuries to persons or for death, so Arkansas has no cap on malpractice damages. That is unusual. Many states limit non-economic damages, as our chart of caps on medical malpractice damages by state shows.

Punitive damages

The 2003 reforms also capped punitive damages. In Bayer CropScience LP v. Schafer (2011), the Arkansas Supreme Court held that the punitive damages cap in A.C.A. § 16-55-208 violated Article 5, § 32.

Punitive damages punish especially bad conduct. They are not meant to compensate the patient. Arkansas requires clear and convincing proof of malice or reckless disregard under A.C.A. §§ 16-55-206 and 16-55-207. Most malpractice cases involve ordinary negligence and don't qualify. Read more about punitive damages in medical malpractice cases.

Has Arkansas tried to add caps?

Yes. A 2018 proposed constitutional amendment would have allowed limits on damages. The Arkansas Supreme Court removed it from the ballot before the votes were counted. As of now, the constitutional bar stands.

No cap doesn't mean a large award. Every category must be proven with evidence, such as life care plans for a child with cerebral palsy. Our overview of the types of damages in a medical malpractice lawsuit explains each category.

How Does Comparative Fault Affect an Arkansas Malpractice Claim?

Comparative fault is the rule for dividing blame when more than one person contributed to an injury. Under A.C.A. § 16-64-122, an Arkansas patient can recover only if their share of fault is less than the defendants' combined fault. A patient found 50% or more at fault recovers nothing.

If the patient is less at fault, the award is reduced by their percentage. A patient found 20% at fault would receive 80% of the damages the jury awards.

How fault arguments come up in medical cases

In malpractice cases, defendants sometimes argue that the patient:

• Skipped follow-up appointments or tests
• Didn't take prescribed medication
• Gave an incomplete medical history
• Ignored discharge instructions

These arguments are fact-specific. A missed appointment doesn't excuse a provider who failed to act on an abnormal result already in the chart. A newborn cannot be at fault for a birth injury, so comparative fault arguments in birth injury cases usually focus elsewhere.

Here's why that matters. Your own records, such as appointment reminders, pharmacy fills, and patient portal messages, can answer a fault argument before it gains traction. Save them.

What Changes When the Provider Is a Government or Charitable Hospital?

Who employed the provider can change where you file, who pays, and what rules apply. In Arkansas, claims against state providers, charitable hospitals, and federal facilities each follow special rules that don't apply to a private physician.

State hospitals and state employees

Sovereign immunity is the legal principle that the state can't be sued without its consent. Article 5, § 20 of the Arkansas Constitution provides that the State shall never be made a defendant in its courts.

Claims against state agencies generally go to the Arkansas State Claims Commission (A.C.A. § 19-10-204). This can include UAMS Medical Center in Little Rock, which is part of the University of Arkansas System. State employees have statutory immunity under A.C.A. § 19-10-305, except to the extent of liability insurance or for malicious acts.

Counties and cities

Under A.C.A. § 21-9-301, Arkansas counties, cities, and other political subdivisions are generally immune from negligence suits. The exception is the extent of their liability insurance coverage.

Charitable (nonprofit) hospitals

Charitable immunity protects qualifying nonprofit organizations from being sued directly for negligence. Arkansas still recognizes the doctrine, and courts look at several factors to decide whether a hospital qualifies.

When an organization is immune, A.C.A. § 23-79-210 allows a direct action against its liability insurer. Identifying the right defendant early is critical given the two-year deadline.

Federal facilities and community health centers

Veterans in Arkansas may receive care at VA facilities, such as the John L. McClellan Memorial Veterans Hospital in Little Rock. Claims against federal providers go through the Federal Tort Claims Act. So do claims against federally funded community health centers whose staff are deemed federal employees under 42 U.S.C. § 233.

That process requires a written administrative claim to the agency within 2 years (28 U.S.C. § 2401(b)) before any lawsuit (28 U.S.C. § 2675(a)). Many patients don't know their clinic is federally deemed, so this is worth checking early.

How Do Wrongful Death Claims Work After Medical Negligence in Arkansas?

Losing someone to a medical error is a loss no legal process can repair. A wrongful death claim can, however, hold a provider accountable and help support the family left behind.

Under the Arkansas Wrongful Death Act, A.C.A. § 16-62-102, the claim is brought by the personal representative of the estate. If no personal representative has been appointed, all heirs at law bring it. Beneficiaries can include a surviving spouse, children, parents, siblings, and people who stood in place of a parent.

The deadline trap in medical death cases

The Wrongful Death Act generally allows 3 years from the date of death. However, when a death results from medical injury, Arkansas courts have applied the Medical Malpractice Act's 2-year period, running from the negligent act. That can leave families far less time than they expect. A family should not rely on the three-year period for a death caused by medical care without legal advice.

Wrongful death vs. survival claims

Two related claims often travel together:

• The wrongful death claim compensates beneficiaries for their own losses, including lost financial support and mental anguish.
• The survival claim under A.C.A. § 16-62-101 carries forward the claims the person could have brought, such as their medical bills and pain before death.

Families who lost a baby before or during delivery should ask an Arkansas attorney how the Wrongful Death Act applies to their specific situation.

How Does an Arkansas Malpractice Case Move Forward?

Every case is different, and the time each stage takes depends on the injuries, the number of defendants, and the experts involved. The general path looks like this:

1. Request the complete records. Federal law gives patients a right to copies of their records under 45 C.F.R. § 164.524. Ask for the full chart, including nursing notes, monitoring strips, and imaging, not a summary.
2. Identify every provider and employer. Note whether each provider is private, state, charitable, or federal, because that controls the forum and rules.
3. Get expert review. Qualified medical experts assess the standard of care, breach, and causation under § 16-114-206.
4. File within the deadline. File in the proper Arkansas circuit court, the State Claims Commission, or with the federal agency, as the case requires.
5. Exchange evidence in discovery. Both sides trade records, take depositions, and disclose expert opinions.
6. Resolve the case. Many cases settle. Others go to a jury trial, where the plaintiff must prove each element.

Patient safety is a national concern. Johns Hopkins University researchers estimated in 2016 that medical errors cause about 250,000 deaths annually in the United States, making them the third leading cause of death. The AHRQ publishes patient safety research for those who want to read further.

What Mistakes Can Hurt an Arkansas Malpractice Claim?

The biggest mistakes are about time and assumptions. Waiting to learn the full extent of an injury before acting is the most common way Arkansas patients lose claims, because the two-year clock usually starts on the date of the act.

Mistakes worth avoiding

• Counting from discovery. Outside foreign-object cases and certain undiscovered injuries to young children, Arkansas doesn't start the clock when you learn what happened.
• Assuming wrongful death means three years. For deaths caused by medical care, the two-year rule has been applied.
• Overlooking who employed the provider. A UAMS physician, a nonprofit hospital, and a VA doctor each raise different rules.
• Relying on a summary. Ask for the complete chart. Important entries are often in nursing flowsheets or monitoring data.
• Assuming the child's extended deadline covers the parents. Parents' and mothers' claims may run on a shorter clock.
• Posting about the case online. Social media posts can be used to challenge your account of your injuries.

A myth worth correcting

Many people believe a malpractice case needs a dramatic error. In reality, many strong cases involve quiet failures. Examples include an abnormal lab result nobody followed up on, or a fetal heart tracing nobody escalated. The question is whether the care met the standard, not how obvious the mistake looked.

When Should You Talk to an Attorney, and What Does It Cost?

Medical malpractice is not a claim most people can handle alone. Arkansas requires expert testimony in nearly every case, and the two-year deadline runs from the act itself, so legal review is most useful early.

Signs it's time for a consultation

• A diagnosis was missed or delayed and the condition worsened
• A surgery or procedure caused an unexpected, serious injury
• A baby suffered oxygen deprivation, seizures, or a nerve injury at birth
• A family member died after care that raised questions
• You're approaching two years from the treatment in question

How fees typically work

Most malpractice attorneys work on a contingency fee, meaning their fee comes from the recovery rather than upfront. Case expenses, such as expert fees and record costs, are a separate item. Ask any attorney you consult to explain both the fee and how expenses are handled.

Gilman & Bedigian takes all personal injury cases on a contingency fee basis. Our attorneys have been featured in The Legal Intelligencer, The Daily Record, and The Wall Street Journal, among other outlets. The firm's results include the $55 million verdict in Martinez v. Johns Hopkins Hospital, the second-largest medical malpractice verdict in Maryland history. Those results reflect past cases and don't predict any future outcome.

For other medical malpractice claims in Arkansas, we recommend consulting a medical malpractice attorney licensed in Arkansas about your specific case. You can compare Arkansas's rules with other states on our medical malpractice laws by state page or browse all of our state law guides.

This guide explains general Arkansas rules and is not legal advice. Every case turns on its own facts, and past results don't guarantee future outcomes. Talk with an attorney about your situation.

If your child was hurt during birth in Arkansas, Gilman & Bedigian represents clients in Pennsylvania, Maryland and Texas, and handles birth injury cases nationwide, working with local counsel when required by the rules of a particular jurisdiction. Call (800) 529-6162 to discuss what happened. You can also learn more about co-founder Briggs Bedigian and the firm's birth injury practice.

Frequently Asked Questions

How much does a medical malpractice attorney cost in Arkansas?

Most medical malpractice attorneys, in Arkansas and elsewhere, work on a contingency fee, which means the fee is paid from a settlement or verdict rather than upfront. Case expenses like expert review and record fees are usually handled separately, so ask how those are treated. Gilman & Bedigian takes all personal injury cases on a contingency fee basis.

How long do I have to file a medical malpractice lawsuit in Arkansas?

Under A.C.A. § 16-114-203, Arkansas generally allows 2 years from the date of the negligent act, not the date you discovered the harm. A foreign object left in the body allows 1 year from discovery if it couldn't reasonably be found sooner. A child injured during childbirth generally has until their 5th birthday. A child age 9 or younger injured in other ways generally has until the later of their 11th birthday or 2 years after the negligent act.

Does Arkansas have a cap on medical malpractice damages?

No. Article 5, § 32 of the Arkansas Constitution bars laws limiting recovery for personal injury or death. The Arkansas Supreme Court applied that provision in Bayer CropScience LP v. Schafer (2011) to strike down the state's punitive damages cap. Damages still have to be proven with evidence.

What is my Arkansas medical malpractice case worth?

There's no formula. Value depends on the severity and permanence of the injury, future care needs, lost earning capacity, and the strength of the expert evidence on fault and causation. Because Arkansas has no damages cap, the evidence of each loss carries significant weight. Comparative fault can reduce an award.

What if I was partially at fault for my injury?

Arkansas follows modified comparative fault under A.C.A. § 16-64-122. If your share of fault is less than the defendants' combined fault, you can recover, but your award is reduced by your percentage. If you are found 50% or more at fault, you recover nothing. A newborn cannot be at fault for a birth injury.

Should I accept the insurance company's first settlement offer?

Not without understanding the full cost of your injuries. In malpractice cases, future medical care, especially for a child with a lifelong condition, can be difficult to estimate without expert input. Any offer should be reviewed against documented losses before you sign a release, because a release usually ends the claim.

How long does an Arkansas medical malpractice case take?

Timing varies widely. It depends on how long expert review takes, the number of defendants, the complexity of the medical issues, the court's schedule, and whether the case settles or goes to trial. Claims before the Arkansas State Claims Commission or under the Federal Tort Claims Act follow their own procedures.

Do I need a lawyer for a medical malpractice claim in Arkansas?

Arkansas law (A.C.A. § 16-114-206) requires expert testimony in nearly all malpractice cases to prove the standard of care, breach, and causation. Navigating that, along with the strict two-year deadline and immunity rules for state and charitable hospitals, is very difficult without counsel. An attorney licensed in Arkansas can evaluate your specific case.

What if the doctor or hospital doesn't have insurance?

Coverage varies by provider. An attorney can investigate who employed the provider, whether a hospital or practice group may share responsibility, and what insurance exists. For immune charitable hospitals, A.C.A. § 23-79-210 allows a direct action against the liability insurer. For state employees, A.C.A. § 19-10-305 ties exposure to available insurance.

Will my Arkansas malpractice case go to trial?

Many malpractice cases settle, but some go to a jury. Preparing every case as if it will be tried helps ensure the evidence is ready either way. The decision to settle belongs to the client, after weighing the offer against the risks of trial.

Can I sue a state hospital like UAMS for malpractice?

Claims against Arkansas state agencies are generally heard by the Arkansas State Claims Commission rather than a circuit court, because the state constitution (Article 5, § 20) bars suing the State in its courts. State employees have statutory immunity under A.C.A. § 19-10-305, except for malicious acts or to the extent of insurance. These claims need early legal review.

How do I pay for medical treatment while my case is pending?

Most patients rely on health insurance, Medicaid, Medicare, or ARKids First for children while a case is pending. Keep in mind that health insurers and government programs may have reimbursement rights from any recovery. Those liens should be addressed before a settlement is finalized.