Arkansas Malpractice Lawsuits

Below is a summary of Arkansas’s key laws and procedural rules for medical malpractice cases. We also provide information on the settlement value of medical malpractice cases in Arkansas as well as summaries of recent verdicts and settlements.

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Arkansas Medical Malpractice Law

Below is an outline and discussion of Arkansas medical malpractice laws, including the statute of limitations deadline and damages caps.

What is Medical Malpractice in Arkansas?

Under Arkansas law, medical malpractice occurs when a licensed healthcare provider renders negligent or inappropriate medical care that injures the patient. Unlike many other types of professional negligence, medical malpractice usually results in dire, life-altering consequences.

When medical negligence causes physical harm or death, it cannot be undone. However, our civil justice system allows victims of medical malpractice to get financial compensation for the harm they suffered.

Proving Medical Malpractice in Arkansas

To prove medical malpractice in a Arkansas lawsuit, a plaintiff needs to prove three basic elements:

1. the duty inherent in the doctor-patient relationship;
2. the breach of that duty by failing to exercise the requisite degree of skill and care, and
3. that that failure be the proximate cause of the injury sustained.

Proving both these elements is a complex and expensive process. The plaintiff needs other doctors or healthcare providers to agree to act as expert witnesses. Getting an opinion from another doctor that your case is valid is just the first step and does not guarantee success. The defendants will present their experts, who will say that the doctors did nothing wrong and that your claims have no merit.

 Deadline for Filing Medical Malpractice Claims in Arkansas

Like all states, Arkansas imposes a strict legal deadline for when prospective plaintiffs can file a medical malpractice lawsuit. This law is known as a “statute of limitations” (“SOL”). Arkansas’s SOL for medical malpractice claims states that plaintiffs must file their lawsuit within 2-years of the “date of the accrual of the cause of action.” Ark. Code Ann. § 16-114-203.

Unlike many other states, Arkansas law is very strict on when the cause of action for medical malpractice “accrues” (and when the 2-year SOL period clock starts to run). The statute states that the 2-year SOL period begins to run from “the date of the wrongful act complained of and no other time.” In other words, the 2-year SOL period runs from the actual date of the alleged medical negligence, not when the negligence was first “discovered.”

In Arkansas, the “discovery rule” only applies to medical malpractice claims involving foreign objects left inside the body during surgery (e.g., a medical instrument or surgical sponge). In these cases, the plaintiff can file a malpractice lawsuit within 1-year from the date that the object inside the body is discovered.

There are also exceptions for the SOL rule that apply in the case of minors (anyone under the age of 18). If the patient is nine years old or younger at the time of the malpractice, the filing deadline is two years from the date of the medical error or the child’s 11th birthday, whichever is later. However, a special discovery rule applies to children in this age group. If the injury was not known and could not reasonably have been discovered before the child’s 11th birthday, the lawsuit must be filed within two years of discovering the injury or by the child’s 19th birthday, whichever comes first. Ark. Code Ann. § 16-114-203

Expert Affidavit Requirements in Arkansas Malpractice Cases

Many states require plaintiffs in medical malpractice cases to provide initial proof of the defendant’s negligence, often through a document like an “affidavit of merit” from another healthcare provider stating that malpractice likely occurred. However, Arkansas does not impose this same strict affidavit of merit requirement at the start of a case.

Arkansas law does mandate that plaintiffs present testimony from at least one medical expert to establish their case, except when the alleged negligence is something a jury can understand as a matter of common knowledge. For instance, the “common knowledge” exception might apply in situations like a surgeon failing to sterilize instruments or leaving a sponge inside a patient after surgery.

Most cases, however, fall outside this exception and will require expert testimony to demonstrate:

1. The applicable medical standard of care: This includes the level of skill and knowledge typically possessed and used by healthcare providers in the same field or specialty, practicing in the same or a similar locality.
2. Deviation from the standard of care: Proof that the defendant healthcare provider failed to meet the established standard.
3. Causation: Evidence that the provider’s failure to meet the standard of care was the direct cause of injuries that would not have occurred otherwise.

Ark. Code Ann. § 16-114-206

No Damage Caps in Arkansas Medical Malpractice Cases

The majority of states have adopted special laws which put maximum caps or limits on the amount of damages that plaintiffs can be awarded in medical malpractice cases. Arkansas does not have any damage caps in medical malpractice cases. So there is no limit on the amount of economic or pain and suffering damages plaintiffs can be awarded in Arkansas medical malpractice cases.

Arkansas does limit the amount of punitive damages that can be awarded. The maximum amount of punitive damages in Arkansas is $ 250,000 or three times the amount of compensatory damages, with a $1 million cap.

Arkansas Follows Modified Comparative Fault

Arkansas applies a modified comparative negligence rule in medical malpractice tort cases. Comparative negligence is a defense that can reduce the damages a plaintiff can recover if the defendant can show that the plaintiff’s own negligent conduct partly contributed to their injury. This requires juries to apportion fault percentages between plaintiffs and defendants, e.g., the plaintiff was 20% at fault, and the defendant was 80% at fault.

Arkansas has adopted a modified comparative fault standard under which a plaintiff’s claim is barred if their share of fault exceeds 50%. So if a jury determines that a plaintiff was 51% responsible and the defendant was 49% responsible for an injury, the plaintiff automatically loses the case. As long as the plaintiff’s share of fault is 50% or less, they are entitled to damages, but the amount of damages will be reduced based on the plaintiff’s percentage of fault.

EXAMPLE: A jury finds the plaintiff 25% at fault and the defendant 75% at fault and awards damages of $1,000,000. The damage award will be reduced by 25%, so the plaintiff will only receive $750,000.

Damages Available in Arkansas Medical Malpractice Cases

When pursuing a medical malpractice claim in Arkansas, plaintiffs can seek various types of damages. These damages are intended to compensate the injured party for the losses they have suffered due to medical negligence. The primary categories of damages available in Arkansas medical malpractice cases include:

Economic Damages: Economic damages cover the quantifiable financial losses incurred as a result of the malpractice. These include:

• Medical Expenses: Compensation for past, present, and future medical costs related to the injury, including hospital bills, surgery costs, rehabilitation, and any necessary ongoing medical care.  In birth injury lawsuits in Arkansas, this number can quickly add up to tens of million of dollars.
• Lost Wages: Reimbursement for income lost due to the inability to work while recovering from the injury, as well as compensation for diminished earning capacity if the injury affects the plaintiff’s ability to work in the future.
• Other Out-of-Pocket Expenses: This may include costs for medical devices, transportation to and from medical appointments, and modifications to the home or vehicle to accommodate a disability.

Non-Economic Damages: Non-economic damages compensate for more subjective, non-monetary losses. Pain and suffering damages are usually the biggest component of non-economic damages.

This compensation is for the physical pain and emotional suffering endured as a result of the injury. Damages can also be awarded for the mental pain and suffering associated with the injury. Loss of consortium damages are awarded to a spouse or family members for the loss of companionship, affection, and support due to the victim’s injury.

Arkansas Medical Malpractice Verdicts and Settlements

Here are some recent malpractice verdicts for the Natural State:

• 2017: $46,500,000 Verdict: The parents alleged that the family doctor negligently managed their baby’s jaundice, monitored bilirubin levels, and failed to provide phototherapy. They claimed that their child sustained hyperbilirubinemia, which caused brain damage and kernicterus. The child did not suffer cognitive deficits but could neither talk nor walk. Her counsel claimed that phototherapy could have treated the baby’s excessive bilirubin. The Union County jury found the family doctor 85% negligent and the hospital 15% negligent. They awarded the parents $46,500,000.
• 2012: $950,000 Verdict.  The plaintiff, represented by a special administrator of the estate, was anesthetized for an esophagogastroduodenoscopy. The plaintiff’s airway was obstructed, and she suffered a pulmonary and cardiac arrest. This was not discovered until the procedure was completed and resulted in the plaintiff suffering a permanent anoxic brain injury. She later died from complications from her condition.  A complaint was filed by the special administrator of the estate who alleged medical negligence by the defendants for failing to properly monitor the plaintiff during the procedure to prevent obstruction of her trachea and failing to restore respiration and circulation before seven minutes had passed after discovery. He also alleged the defendants were negligent in failing to use the services of an anesthesiologist and having a crash cart staffed and readily available.  The parties agreed to settle and awarded the plaintiff $950,000.
• 2009: $396,906.11 Verdict. Plaintiff visited her gynecologist’s office to receive an intrauterine device (IUD). Her gynecologist’s nurse performed the IUD insertion. The plaintiff alleged the nurse negligently performed the insertion and placed the IUD in the plaintiff’s peritoneal cavity. The plaintiff also alleged the IUD had to be removed surgically two months after placement and she consequently sustained severe and permanent injury.  The plaintiff filed a medical negligence claim against both her gynecologist and the nurse.  Victim’s husband also brought a claim loss of consortium (an avenue we rarely take because we think it detracts from the plaintiff’s real claim).  The jury did not find the gynecologist was negligent but found the nurse negligent for the plaintiffs’ injuries.  Juries generally have an easier time blaming the nurse than the physician.  They awarded the plaintiff in the amount of $379,906.11 and her husband in the amount of $10,000.
• 2009: Arkansas: $5,323,443.98 Verdict. Plaintiff underwent a hip replacement surgery that resulted in sciatic nerve damage, causing a drop left foot. The plaintiff sued the surgeon and surgery center for medical malpractice. The plaintiff’s counsel argued the surgeon left the retractor (a device that separates the muscle and tissue during surgery) in for too long and the extended pressure caused nerve damage. The plaintiff’s orthopedic surgery experts agreed with the counsel and also supported the fact that the surgery was conducted in double the amount of necessary time. The plaintiff’s experts testified the surgeon breached the standard of care.   The plaintiff underwent a revision of the botched hip replacement by a surgeon who defined the location and appearance of the site of injury. The new surgeon testified that her condition was permanent.   The jury found in favor of the plaintiff in the amount of $5,323,443.98.
• 2009: Arkansas: $2,500,000 Verdict. The plaintiff, being represented by her parents, spent her first two days of life at the hospital under the care of her doctors, the defendants, and then sent home with her parents. Her parents alleged that while under the care of the doctors, their daughter exhibited several symptoms of sepsis and sent her home without informing her parents of the risks of early departure.   The plaintiff became very ill after coming home with non-stop crying and severe diarrhea. Two weeks after multiple hospital and clinic visits, she became ill with spinal meningitis that resulted in brain damage.   Plaintiff’s parents sued her original doctors for failing to act responsively with her sepsis symptoms and failure to administer a course of antibiotics after her birth.   While none of the doctors admitted liability, the case settled for $2,500,000.