Arkansas Medical Malpractice Limits

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Arkansas, like most states, has its own rules and regulations surrounding medical malpractice suits. Limits are imposed on when a claimant must file their suit. These limits vary based on the claimant's age and the incident prompting the suit.

  1. Time Frame

    • With few exceptions, a medical malpractice suit must be filed within two years of the incident. If the malpractice involves the finding of a foreign object, the suit must be filed within one year of finding the object. These rules change for children under nine-years-old. These individuals have until their eleventh birthday to file a suit. If the malpractice is not discovered by age 11 then the individual has until their nineteenth birthday or two years after the incident is discovered to file, whichever comes first.

    Damages

    • Arkansas does not impose limits to the amount of damages a person can be awarded in a medical malpractice suit. Either party can request future payments in excess of $100,000 be paid in installments.

    Attorneys' Fees

    • Arkansas does not limit the amount attorneys can charge to represent a person in a medical malpractice suit.

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