Medical Malpractice in Arkansas

Medical malpractice arises when a doctor or medical facility harms a patient. There are different medical malpractice laws per state, so you should review your state’s laws to determine whether you have a case. These laws can influence the statute of limitations for filing a medical negligence claim. Additionally, they can dictate whether you have to notify the doctor or medical facility beforehand.

What Evidence Do I Need for Arkansas Medical Malpractice Claims?

The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Arkansas medical malpractice lawyer can guide you through this entire process.

While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.

  • There was a working relationship between the doctor and the patient. 
  • There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
  • There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
  • The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that any Arkansas patient can sue for currently.

Arkansas’ main law addressing medical negligence is the Arkansas Medical Malpractice Act. This statute is the sole remedy for medical injury against a medical care provider. Of note, in Summerville v Thrower, the Arkansas Supreme Court invalidated one particular statute of the Act. Specifically, the Court ruled that plaintiffs do not have to submit an affidavit from a medical expert within 30 days of filing their malpractice suit.

Hospital Responsibility

You may wonder if you can also sue the Arkansas hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the hospital or facility, they are not liable.

Types of Medical Malpractice

As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:

  • Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
  • Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
  • Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the procedure or treatment.

There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:

  • Misreading or ignoring test results from the lab
  • Making surgical errors
  • Not following up properly or not offering adequate post-care
  • Performing unnecessary procedures or surgeries

Damages Available in Arkansas

There are three types of damages a court will award for medical malpractice.

  • General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
  • Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
  • Special Damages – Damages for expenses from medical bills and lost wages

Arkansas does not have damage caps in medical malpractice cases. According to the American Medical Association, the Arkansas Constitution prohibits limiting damages recoverable for injury or death.

Statute of Limitations

Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.

According to the University of Arkansas, the statute of limitations for medical malpractice lawsuits is two years. This means that Arkansas residents must file an action within two years after the cause of action accrues. Arizona Statute clarifies that the clock starts running on “the date of the wrongful act complained of and no other time”.

Medical Malpractice Review Panels

In some states, you must first submit your claim to a review panel of medical experts. The panel hears the evidence and expert testimony to decide whether malpractice occurred. Keep in mind, their decision does not equate to a court’s decision. Still, the panel is often a necessary step in building toward a lawsuit. Furthermore, it can lend significant credibility to a claim. The findings of the review panel will make their way to court, and the court often references them to influence its ruling.

The Arkansas State Medical Board (ASMB) receives and reviews complaints against each type of medical profession it licenses. To file a complaint, you must write a letter and mail it or fax it to ASMB. Upon receipt of the complaint, ASMB sends a copy to the practitioner in question. The practitioner must then respond to the Board regarding the complaint. ASMB uses the Arkansas Medical Practices Act to determine if they should take any disciplinary action. Finally, ASMB will notify you by mail regarding their decision.

Do I Need to Hire an Attorney?

Medical malpractice claims in Arkansas can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney in Arkansas with experience in medical malpractice.

A medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:

  • Build your case
  • Collect important evidence
  • Find expert witnesses to testify on your behalf
  • Help you prepare for the malpractice review panel
  • Take your claim to court

Work with an Experienced Local Lawyer in Arkansas

Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Arkansas attorney who is familiar with such cases. We can even help you connect with an attorney across Arkansas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.

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