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Statute of Limitations

Actions must be brought within 2 years of the act. In the case of a foreign object, 1 year from discovery. If defendant is under 9, until his 11th birthday. If injury couldn't reasonably be known until whichever is earlier - 19th birthday or within 2 years of discovery.

Comparative or contributory negligence

Modified comparative negligence where the plaintiff's negligence decreases the value of recovery proportionately. If plaintiff's negligence is equal or greater than the defendants then recovery is barred.

Nature of accused's liability

Arkansas has a joint and several liability system, whereby all defendants are equally liable regardless of importance in case.

Law of contribution

Contribution is generally equal, unless proportions are significantly different among offending parties.

Expert testimony standards

Expert testimony is required unless the negligence claimed is outwith jury's common knowledge.

Limits on compensation

None

Limits on attorney fees

None

Collateral Source rule enforced

The collateral source rule is effected in Arkansas, meaning that the plaintiff's receipt of compensation from collateral sources will not affect the defendant's claims for damages.

State and local health care providers immune from liabaility

State employees are immune, unless it can proven that they acted maliciously and their action was not covered by liability insurance.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability