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Arkansas Statutes of Limitations for Medical Injury Cases
Arkansas Medical Injury Statute of Limitation Summary
General Rule: An action for medical injury, an injury caused by a medical care provider, must be commenced with 2 years of accrual of cause of action.
Accrual of Cause of Action : A cause of action for medical injury "accrues" on the date of the wrongful act.
Exception for Foreign Object Left in the Body Undiscovered and Reasonably Undiscoverable: 1 year from date of discovery or date reasonably should have been discovered, whichever earlier.
Exception for Minors: Children 9 or younger have until the child's 11th birthday or two years from the wrongful act, whichever is later.
Exception for Minors with Unknown and Reasonably Unknowable Medical Injury: Minors with medical injuries that are unknown and reasonably unknowable prior to the child's 11th birthday, then the minor child has two years from when the medical injury is known or reasonably should have been known or until the minor child's 19th birthday, whichever is earlier.
Medical Care Provider Definition: "Medical care provider" includes a physician, certified registered nurse anesthetist, physician's assistant, nurse, optometrist, chiropractor, physical therapist, dentist, podiatrist, pharmacist, veterinarian, hospital, nursing home, community mental health center, psychologist, clinic, or not-for-profit home health care agency licensed by the state or otherwise lawfully providing professional medical care or services, or an officer, employee or agent thereof acting in the course and scope of employment in the providing of such medical care or medical services.
Arkansas Code Section 16-114-203
The Arkansas statutes of limitations for a "medical injury" is as follows:
16-114-203. Statute of limitations.
(a) Except as otherwise provided in this section, all actions for medical injury shall be commenced within two (2) years after the cause of action accrues.
(b) The date of the accrual of the cause of action shall be the date of the wrongful act complained of and no other time. However, where the action is based upon the discovery of a foreign object in the body of the injured person which is not discovered and could not reasonably have been discovered within such two-year period, the action may be commenced within one (1) year from the date of discovery or the date the foreign object reasonably should have been discovered, whichever is earlier.
(c)(1) If an individual is nine (9) years of age or younger at the time of the act, omission, or failure complained of, the minor or person claiming on behalf of the minor shall have until the later of the minor's eleventh birthday or two (2) years from the act, omission, or failure in which to commence an action.
(2) However, if no medical injury is known and could not reasonably have been discovered prior to the minor's eleventh birthday, then the minor or his representative shall have until two (2) years after the medical injury is known or reasonably could have been discovered, or until the minor's nineteenth birthday, whichever is earlier, in which to commence an action.
History. Acts 1979, No. 709, § 4; A.S.A. 1947, § 34-2616; Acts 1991, No. 997, § 1; 1995, No. 735, § 1
Arkansas Code Section 16-114-203
16-114-201. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) "Action for medical injury" means any action against a medical care provider, whether based in tort, contract, or otherwise, to recover damages on account of medical injury;
(2) "Medical care provider" means a physician, certified registered nurse anesthetist, physician's assistant, nurse, optometrist, chiropractor, physical therapist, dentist, podiatrist, pharmacist, veterinarian, hospital, nursing home, community mental health center, psychologist, clinic, or not-for-profit home health care agency licensed by the state or otherwise lawfully providing professional medical care or services, or an officer, employee or agent thereof acting in the course and scope of employment in the providing of such medical care or medical services;
(3) "Medical injury" or "injury" means any adverse consequences arising out of or sustained in the course of the professional services being rendered by a medical care provider, whether resulting from negligence, error, or omission in the performance of such services; or from rendition of such services without informed consent or in breach of warranty or in violation of contract; or from failure to diagnose; or from premature abandonment of a patient or of a course of treatment; or from failure to properly maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
History. Acts 1979, No. 709, § 1; A.S.A. 1947, § 34-2613.
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