Medical Malpractice in Arkansas

Arkansas medical malpractice law is governed by §16-114, Subchapter 2 of the Arkansas Code. The title of the subchapter is Actions for Medical Injury.

The victim of medical malpractice in Arkansas faces hurdles in court that other injury victims do not. Some of this is built into the law; other reasons are found in the reality of malpractice litigation.

For example, you have 3 years to file a lawsuit if you are injured in an accident caused by a negligent driver that happens to also be a physician. However, if that same physician negligently injures you during a surgery, you have just 2 years to file your lawsuit. This is an example of the special protection afforded to medical providers under Arkansas law.

In an automotive accident case, an Arkansas plaintiff is not required by law to hire an expert witness to testify and support their claims. Yet in a medical malpractice case, the plaintiff is required by law to hire a medical professional to review their medical records, research their claims, and provide supportive testimony. The cost of this is placed on the malpractice victim and/or their attorney.

The most highly trained and experienced law firms in Arkansas work on retainer for medical defendants. Further, these firms are usually able to select from the most respected in-state physicians to testify on behalf of their clients.