Medical Malpractice Rules in Arkansas
The deadline to file a medical malpractice claim in Arkansas, the discovery rule, and caps on damages.
Short answer: Medical injury claims must be filed within two years after the wrongful act, which is when the claim accrues (not when it is discovered). Ark. Code Ann. § 16-114-203
| Medical malpractice deadline | Medical injury claims must be filed within two years after the wrongful act, which is when the claim accrues (not when it is discovered). If a foreign object left in the body could not reasonably have been discovered within two years, the claim may be filed within one year after it was or should have been discovered. If the patient was 9 or younger, the deadline is the later of the child's 11th birthday or two years after the act; if the injury could not reasonably have been discovered before age 11, the claim may be filed within two years after discovery, but no later than the child's 19th birthday. Read on a FindLaw mirror of the Arkansas Code. Source: Ark. Code Ann. § 16-114-203 |
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FAQ
What is the statute of limitations for medical malpractice in Arkansas?
Medical injury claims must be filed within two years after the wrongful act, which is when the claim accrues (not when it is discovered). If a foreign object left in the body could not reasonably have been discovered within two years, the claim may be filed within one year after it was or should have been discovered. If the patient was 9 or younger, the deadline is the later of the child's 11th birthday or two years after the act; if the injury could not reasonably have been discovered before age 11, the claim may be filed within two years after discovery, but no later than the child's 19th birthday.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.