Arkansas medical malpractice law
In Arkansas, you generally have 2 years to file a medical malpractice claim from the date of the treatment. See damage caps and expert rules for 2026.
Sources checked
Malpractice lawyers in Arkansas
We're still putting together the Arkansas list. A free case review reaches a lawyer who serves the state in the meantime, and you'll see your likely filing deadline.
Free case reviewBe the first featured firm in Arkansas
When the Arkansas list goes up, one firm is shown first, above everyone, and labeled Featured.
1.Something went wrong
Write down dates and names while they're fresh.
2.Get your records
Ask for your full chart and test results.
3.Free case review
A lawyer looks at what happened, free.
4.Medical opinion
A doctor checks whether the care fell short.
5.Start the claim in time
Your lawyer starts the claim before the deadline.
6.Settlement or trial
Many claims settle. Some go to a judge or jury.
Your deadline: 2 years from the treatment
Arkansas rules at a glance
Work out your deadline- Filing deadline
- 2 years from the treatment
- Damage caps
- No cap
- Before you file
- No notice or affidavit needed
- Shared fault
- Modified comparative (50% bar)
Full Arkansas law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2028
- The clock startsOn the day of the treatment
- Time to start a claim2 yearsMiss it and the claim is usually lost.
- Pain and sufferingNo cap
- All damages togetherNo overall cap
The rules in Arkansas
Filing deadline
2 years
Counted from the treatment. File within 2 years. Arkansas starts the clock on the date of the wrongful act, not when the injury is discovered.
Discovery rule
Does not apply
Only for a foreign object left in the body: then 1 year from when it was or reasonably should have been discovered, if that is later.
Outer limit
None found
We found no statute of repose for Arkansas.
Damage caps
No cap. The Arkansas Constitution bars the legislature from limiting damages for injury or death (Ark. Const. art. 5, § 32).
No caps on damages in Arkansas medical malpractice cases.
Children
Different clock
A child aged 9 or younger has until the later of the eleventh birthday or 2 years from the act. If the injury could not have been discovered before age 11, the child has 2 years from discovery but no later than the nineteenth birthday. Since August 2025, an injury that happened during childbirth must be sued on by the child's fifth birthday.
Affidavit of merit
Not required
No affidavit of merit. A former 30-day affidavit requirement was struck down by the Arkansas Supreme Court (Summerville v. Thrower, 2007).
Notice before suing
Not required
No pre-suit notice requirement.
Shared fault
Modified comparative (50% bar)
Modified comparative fault: barred at 50% or more of the fault
Experts
Expert evidence
Expert testimony is required to prove the standard of care, breach and causation unless the negligence is a matter of common knowledge (Ark. Code Ann. § 16-114-206).
Act 124 of 2025 (the Healthy Moms, Healthy Babies Act) added the fifth-birthday deadline for childbirth injuries, effective August 5, 2025. Arkansas's official code is published through LexisNexis; the statute text here was checked against the Act and secondary summaries.
Sources
- Act 124 of 2025 (HB 1427), amending Ark. Code § 16-114-203(c), Arkansas General Assembly
- Arkansas Medical Malpractice Laws and Statutory Rules, AllLaw (Nolo)
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
- Best Medical Malpractice Lawyers in District of Columbia (2026)
Hurt by medical care in Arkansas? Let's talk it through.
Most people who reach out aren't sure yet, and that's fine. Share a few lines and a malpractice lawyer near you can look at it with you, at no cost.
- It's free, and talking to a lawyer doesn't commit you to anything.
- Where we know the local rules, you'll see your likely filing deadline right away.
- Your answers are encrypted and never sold or used for ads.
Start with one question
Free and private, never used for ads
Get the top spot in Arkansas
The featured spot on this page is open. Whoever takes it is the first lawyer people see when they come here looking for help.
- One featured spot per list, so you're never one of several
- Shown first and labeled Featured, for a year
- Your photo, your bio, a call button and case review requests
From $6,000a year, state or province page
Every plan and market or ask to be considered for the list itself, which is free.