Arkansas Birth Injury Lawyers

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Arkansas Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Ark. Stat. Ann. §16-114-203 Two years from date of injury. Foreign objects: one year from discovery if not reasonably discovered in original two year requirement. Minors: before age 9, until age 11, unless injury isn't reasonably discovered before 11th birthday, then two years after injury discovered or minor's 19th birthday, whichever is earlier.

Arkansas Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§16-55-205 to 16-55-209. Punitive damages award for each plaintiff shall not be more than the greater of the following: (1) $250,000; or (2) Three times the amount of compensatory damages awarded in the action, not to exceed $1 million. Limits adjusted for inflation at three-year intervals. Limits shall not apply when the finder of fact: (1) Determines by clear and convincing evidence that, at the time of the injury, the defendant intentionally pursued a course of conduct for the purpose of causing injury or damage; and (2) Determines that the defendant's conduct did, in fact, harm the plaintiff.

Limits on Attorney Fees

No limitations.

Periodic Payments

Statute (§16-114-208) declared unconstitutional by federal court (see McMullin v. U.S., 515 F.Supp.2d 904 (E.D. Ark. 2007)).

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§20-9-501 et seq. Peer review committees