While we believe that the following information regarding the medical malpractice laws in the various states of the United States was accurate when written, laws in various states do change over time and you should not rely on the information below but rather seek the advice of a knowledgeable and competent medical malpractice lawyer in your state regarding the current and relevant medical malpractice laws in your state. The information below is for informational purposes only and is not intended as legal advice and should not be relied upon as legal advice.
Punitive damages limited to $250,000 or three times the amount of compensatory damages awarded, whichever is greater, but not more than $1 million. The statute of limitations is two year from the date of the injury (for foreign objects: one year from the date of discovery if not reasonably discovered within the two years; for minors: until age 11 if under age 9, unless the injury was not discovered before age 11, in which case the statute of limitations is two years after discovery of the injury or attaining age19, whichever is earlier). Several liability but no joint liability. No limitation on attorney fees. No required pre-trial alternative dispute resolution or screening panels. No affidavit or certificate of merit required.
On January 19, 2012, the Supreme Court of Arkansas (“Court”) determined that a part of Arkansas’ medical malpractice law is unconstitutional because it violates the separation-of-powers doctrine. Specifically, the Supreme Court of Arkansas found that Arkansas Code Annotated Section 16-114-206, which requires that proof in a medical malpractice case must be made by expert testimony by “medical care providers of the same specialty as the defendant,” violates the separation-of-powers doctrine and “the inherent authority of the courts to protect the integrity of proceedings and the rights of the litigants.”