Medical malpractice claims are some of the most complex types of personal injury cases. These involve negligence by healthcare providers that result in injury or harm to patients.
Victims of medical negligence have a right to seek monetary compensation for economic and non-economic damages. Determining compensation for victims can be a contentious issue. Some states have put “damage caps” or legal limits on the amount of compensation that can be awarded to plaintiffs.
In this article, we will discuss whether Arkansas has a cap on medical malpractice claims and how state laws could impact your payout.
Medical malpractice is an act or omission by a healthcare provider that deviates from the accepted standard of care, causing harm to a patient.
Examples of acts that commonly lead to medical malpractice claims include:
Were you harmed by a medical professional, but you are unsure how to go about filing a claim against that party? A personal injury lawyer can review your case and let you know whether you have a valid claim for compensation.
To establish medical malpractice in Arkansas, you must be able to prove:
In 2023, over $28 million was paid out in Arkansas compensation for cases of medical malpractice. Filing a medical malpractice claim requires preparation and compliance with legal procedures. An experienced medical malpractice lawyer can help you through each step of the process.
You will need to compile all documentation relating to the injury, including:
As with all other personal injury cases, you must have solid evidence to support your medical malpractice claim. This may involve obtaining a medical expert’s testimony to establish that the healthcare provider breached a standard of care.
Typically, the expert must be a professional in the same medical field as the defendant.
To officially begin the legal process, your personal injury attorney will file a complaint. The complaint outlines the allegations, identifies the defendant, and specifies the damages sought.
Parties liable for medical malpractice may include:
After filing the claim, your case enters the discovery phase, where both parties exchange information and evidence.
This phase may include:
Many medical malpractice cases are resolved through settlement before reaching trial. During negotiations, your personal injury lawyer will work hard to negotiate a fair settlement on your behalf.
Reaching a settlement agreement is often beneficial for both parties because it avoids the time and expense of going to trial.
If a settlement cannot be reached, the case proceeds to trial. Both sides will present their arguments. A jury or judge will evaluate the evidence and decide whether the healthcare provider is liable.
If your case is successful, you will receive a monetary award for your losses.
Damage caps are legal limits put on the amount of compensation an accident victim (plaintiff) can recover in a personal injury lawsuit.
In medical malpractice cases, these caps typically apply to certain types of damages:
Currently, Arkansas does not have a damage cap on non-economic damages in medical malpractice cases. The Arkansas Supreme Court has repeatedly struck down attempts to impose such caps, citing constitutional concerts.
For example, the Arkansas Constitution, under Article 5, Section 32, contains a “right of action” clause, which ensures that every person is entitled to seek legal remedy for injuries. The courts have used this clause as a basis to prohibit arbitrary caps on damages – particularly when such caps infringe on a jury’s ability to award compensation.
While Arkansas does not currently enforce damage caps, there have been efforts to implement them. As an example, in recent years, lawmakers have proposed various tort reform measures to limit non-economic damages. Some proposals tried to cap these damages at $250,000 or $500,000, but none have made it all the way through the courts to become law.
Additionally, in 2018 there was a proposed constitutional amendment aimed to limit non-economic damages to $500,000. However, it was struck down by the Arkansas Supreme Court.
The issue of damage caps is debated in Arkansas and across the US. The following are some key arguments on both sides.
The following are some reasons that people argue that damage caps are beneficial:
The following are some of the arguments made by those who are opponents of damage caps:
At times, punitive damages are awarded in medical malpractice cases. These types of damages are designed to punish the defendant for willful misconduct or gross negligence and deter similar behavior in the future.
Arkansas has put a cap of $250,000 or three times the punitive damages awarded in lawsuits (not to exceed $1 million), whichever is greater. However, the cap does not apply in cases where the defendant intentionally harmed the victim.
In Arkansas, you typically have 2 years from the date the medical error occurred to file a lawsuit against the responsible party.
However, there are exceptions that could extend or shorten the time frame:
By consulting a medical malpractice lawyer as soon as possible, you can ensure your rights are protected and increase your chances of winning your medical malpractice case.
Arkansas follows a modified comparative negligence rule with a 50 percent bar. Under this system, you can recover damages if your share of the fault is less than 50 percent.
Medical malpractice cases often involve complex situations where multiple parties – such as doctors, nurses, hospitals, or even patients – may share responsibility for an injury. The court evaluates each party’s actions to determine their percentage of fault.
For instance, if a patient ignored a doctor’s advice to take prescribed medication and that contributed to his or her condition worsening, then the injured patient might be assigned partial blame.
If you are found partially at fault for your injuries, your compensation will be reduced by your percentage of fault. To illustrate, let's say a jury awarded you $200,000 in damages but determined you were 20 percent at fault for your injuries. Your compensation would be reduced by 20 percent, leaving you with $160,000.
Medical malpractice cases are challenging and require a deep understanding of both medical and legal issues. You need a personal injury lawyer by your side who has experience with these types of cases.
An experienced medical malpractice lawyer can:
While most healthcare professionals can be held accountable for medical negligence, certain situations may provide them with immunity or limited liability.
Let’s discuss some examples where immunity may apply in Arkansas:
If you feel you were a victim of medical malpractice, understanding whether immunity applies to the medical provider is essential. Even if immunity exists, you may still have legal options. An experienced medical malpractice attorney can clarify your rights and help you determine the best course of action.
While many states have placed caps on non-economic damages in medical malpractice cases, Arkansas has not. State laws preserve medical practice victim’s rights to full compensation.
If a negligent medical professional in Arkansas has harmed you or a loved one, Minton Law’s medical malpractice lawyers are here to help. We will advocate for your legal rights, handle the complexities of your case, and work diligently to secure the compensation you deserve. We take all personal injury cases on contingency, which means you will not need to pay upfront costs or fees in order to obtain your rightful medical malpractice damages.
Talk to an experienced medical malpractice lawyer at our firm in Arkansas today to discuss your case and begin the path toward justice. Call us at 501-222-HURT or complete our contact form to schedule a free consultation.
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