How Long Do You Have to Sue for Medical Malpractice in Arkansas?

If you or a loved one has suffered harm as a result of a medical error, it is important that you understand your legal rights and time limits. Many injury victims are unaware that Arkansas law imposes strict deadlines for filing medical malpractice claims. The most common question from patients in these situations is, “How long do you have to sue for medical malpractice in Arkansas?”

In most situations, the statute of limitations is two years from the date of the injury. As with most legal rules, there are exceptions, nuances, and local factors that can alter the legal time limit.

About Us

Arkansas native Geoffrey Davis Kearney has a personal understanding of the importance of service to his community. He is a second-generation Arkansas attorney who combines a lifetime of experience in civil litigation with personal attention and empathy for his clients during challenging legal matters.

The Law Office of Geoffrey D. Kearney, PLLC, practices in the areas of personal injury, medical malpractice, and insurance defense. He offers his clients meticulous care, practical experience, and an intimate familiarity with Arkansas courts and procedures.

Understanding Arkansas Medical Malpractice Laws

Arkansas medical malpractice law allows patients to receive compensation from healthcare providers for their failure to meet the standard of care required by law. A medical malpractice claim can be filed by the patient or their family if a doctor, nurse, hospital, or other medical provider has fallen below the recognized standard of practice and has caused injury to the patient as a result of that negligence.

Medical malpractice can occur in the following situations:

• Misdiagnosis
• Birth injuries
• Medication errors
• Surgical errors
• Anesthesia errors
• Failing to perform required follow-ups

Arkansas law requires that most medical malpractice claims be filed within two years of the date of the negligent act. The two-year deadline is referred to as the statute of limitations. If a claim is not filed within that two-year time period, the courts may not hear the case, even if the claim is legitimate. Therefore, it is important to file medical malpractice cases in a timely manner, once the injury has been discovered.

Exceptions to the Statute of Limitations

In 2024, there were 53 medical malpractice cases in Arkansas. The total amount for those claims in payouts was $24.3 million, with an average payout of $458,491 per case. While the general rule is two years, Arkansas law has certain exceptions that can extend this deadline. It’s important to know these exceptions to maintain your right to seek justice.

The Discovery Rule

In some cases, the effects of a medical error are not immediately clear. For instance, if a surgeon leaves a sponge or instrument inside a patient, the patient may not discover the resulting injury for weeks or even months.

In these cases, the state of Arkansas starts the statute of limitations from the date the injury was, or should have been, discovered. This ensures fairness for those who do not discover an injury and would not have reasonably known about it, allowing them the same amount of time to file a claim.

Claims Involving Minors

Arkansas also has a longer period for minors. If a child less than nine years old is injured as a result of medical malpractice, they have until their eleventh birthday or two years from the date of the incident, whichever is later, to bring a claim.

If the injury is not discovered until the individual is eleven or older, the claim must usually be brought within two years of discovery, but no later than the individual’s nineteenth birthday. These laws acknowledge that children might not be in a position to protect their own interests.

Hire a Medical Malpractice Lawyer

Arkansas medical malpractice cases require thorough documentation along with professional testimony and compliance with strict legal deadlines. A skilled medical malpractice attorney can guide you through every step, from reviewing your medical records to consulting professionals who can confirm negligence has occurred.

They can work out damages, deal with insurance companies, and speak on your behalf in court. This could be the Bentonville District Court or Pulaski County Circuit Court in Little Rock. An Arkansas medical malpractice attorney can make sure your rights are protected, that deadlines are met, and your case is put in the greatest possible light. You maximize your chances of achieving a fair result when you hire a medical malpractice lawyer.

FAQs

Q: What Is the Statute of Limitations on Medical Malpractice in Arkansas?

A: In Arkansas, the statute of limitations for most medical malpractice claims is two years from the date of the alleged negligent act. There are some exceptions to this rule, such as for minors or in cases of concealed injury, which may allow for a longer filing period. It is important to file your claim as soon as possible, as running out of the statute of limitations can result in your claim being dismissed, no matter how strong it is.

Q: What Are the Four Things That Must Be Proven to Win a Medical Malpractice Case?

A: In order to prevail in an Arkansas medical malpractice claim, the following four elements must be established: the healthcare provider owed a duty of care, that duty was breached, the breach of that duty caused an injury, and the injury resulted in actual damages, such as medical bills, lost income, or pain and suffering. Professionals may also be called in to testify on these claims.

Q: What Is the Average Amount of Most Medical Malpractice Settlements?

A: The average amount of most medical malpractice claims can depend on the severity and type of claim. Settlements vary greatly depending on the amount of damages suffered, medical bills, and long-term care needs. Larger cases that result in catastrophic injuries can lead to significantly high payouts. An attorney can help you determine a realistic settlement amount for your situation.

Q: What Is the Medical Malpractice Cap in Arkansas?

A: In Arkansas, there is no medical malpractice cap. Many states place a cap on damages, especially non-economic damages, in order to limit the amount a victim can claim. Arkansas does not place this limit on those seeking compensation to help ensure that they receive the compensation they need and deserve.

Contact The Law Office of Geoffrey D. Kearney, PLLC

If you or someone you know was injured due to medical negligence, you may have a medical malpractice claim. The Law Office of Geoffrey D. Kearney, PLLC can help you file. Contact us today for a consultation.