Medical Malpractice Law in Arkansas

Medical malpractice law in Arkansas is basically when a provider of health care violates a certain standard in the medical profession and as a result a patient is injured. This injury may be the result of an action performed by the medical practitioner, or the negligence of the practitioner. A few examples of medical malpractice include: a misdiagnosis or a failure to diagnose a condition, failure to provide an appropriate condition, and a delay in treatment for which there is no excuse.

Arkansas State Malpractice Laws at a Glance:

Arkansas State Tort Law
Statute of Limitations Two years from date of original injury or one year in the case of foreign objects.
Damage Award Limits Award not to go over 1 million dollars. Limit of $250,000 per plaintiff or triple the amount of economic damages for punitive damages.
Joint Defendant Liability Proportionate liability for defendants
Expert Witness Must be trained in same field as defendant
Attorney Fees No limits on attorneys fees

Malpractice Damage Limits

There are limits on the damages that may be granted in law suits based on medical malpractice law in Arkansas. Most punitive damages have a limit of $250,000, or 3 times the actual damage. The total reward for punitive damages granted may not exceed $1 million dollars. You should know that these numbers are regularly adjusted for inflation.

Collateral Source Rule

There is a traditional collateral source rule in the state of Arkansas that states that a defendant may not be able to reduce his or her liability by introducing any evidence that claims that the defendant has received any form of compensation from other sources, such as their medial insurance for example. Awards may be reduced by compensation provided by collateral sources in some cases.

Joint and Several Liability

There is a traditional rule of joint and several liability that states that when more than a single defendant is liable for an injury they are individually liable for the entire amount of the judgment. So in cases where one of the defendants that is liable is unable to pay any of the damages, the other defendant that is liable must pay all of the damages. In the state of Arkansas however, each defendant in the case is only liable for a predetermined amount of the damages.

Why a Lawyer is preferred?

The final tenant of medical malpractice law in Arkansas to be discussed is the matter of choosing a lawyer and why doing so is important. The answer is because medical malpractice defendants can afford the best attorneys that money can buy. You have to make sure that you have an attorney that can prosecute your case effectively and hopefully win your case for you. Because the process is costly and leaves many opportunities for error, make sure that you seek out a medical malpractice lawyer when you make your case.

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