Arkansas law

Medical Malpractice Laws in Arkansas.

Arkansas has a strict 2-year statute of limitations for medical malpractice measured from the date of the wrongful act — not from discovery (unlike most states). The only exception is for foreign objects left in the body. Arkansas has no caps on compensatory damages in medical malpractice cases (constitutionally prohibited), but punitive damages are capped. No pre-suit affidavit of merit is required, but expert testimony is generally mandatory. The state applies a locality-based standard of care.

Last verified: 2026-02-25

State law

Statute of Limitations

2 years from the date of the wrongful actArk. Code Ann. § 16-114-203

All actions for medical injury must be filed within 2 years after the cause of action accrues. The date of accrual is the date of the wrongful act — Arkansas does not apply a general discovery rule for medical malpractice. This is one of the most plaintiff-unfavorable limitations rules in the nation.

Exceptions

Foreign Object — 1 year from discoveryArk. Code Ann. § 16-114-203

When a foreign object was left in the body and could not reasonably have been discovered within the 2-year period, the action may be commenced within 1 year from the date of discovery or when the object reasonably should have been discovered.

Minors (Under Age 9) — Extended to age 11 (or 2 years from discovery by age 19)Ark. Code Ann. § 16-114-203

For a minor whose injury was not known before their 11th birthday, the suit must be filed within 2 years of discovery or by their 19th birthday, whichever comes first. Minors over 9 are generally subject to the standard 2-year rule.

State law

Damage Caps

Compensatory / Non-Economic Damages: No capArk. Const. art. 5, § 32

The Arkansas Constitution prohibits the legislature from capping compensatory damages. There is no limit on economic or non-economic damages in medical malpractice cases.

Punitive Damages: No enforceable capBayer CropScience LP v. Schafer, 2011 Ark. 518 (2011)

The statutory punitive damages cap in § 16-55-208 was struck down as unconstitutional in 2011 under Art. 5, § 32. No enforceable statutory cap exists. Only the due process "grossly excessive" standard applies.

State law

Filing Requirements

No Pre-Suit Affidavit RequiredArk. Code Ann. § 16-114-206

Arkansas does not impose a mandatory pre-suit affidavit of merit or certificate of review requirement. However, expert testimony is effectively required at trial.

Expert Witness Requirement (Locality Standard)Ark. Code Ann. § 16-114-206

Unless the negligence is within the jury's common knowledge, the plaintiff must present expert testimony establishing: (1) the standard of care for the same type of practice in the same or similar locality, (2) that the standard was breached, and (3) that the breach caused the injury. The "locality rule" means experts must be familiar with the standard of care in a similar community.

State law

Key Arkansas Statutes

Medical Injury DefinitionArk. Code Ann. § 16-114-201

Defines "medical injury" broadly to include any adverse result occurring during or as a result of treatment by a medical care provider, whether the result of an act or omission. Covers hospitals, physicians, nurses, and other licensed healthcare providers.

State law

Official Sources

Arkansas Code — LexisNexis Public Access

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Arkansas.

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Medical Malpractice Laws in Arkansas.

Statute of Limitations

Damage Caps

Filing Requirements

Key Arkansas Statutes

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