Arkansas Statute of Limitations on Medical Malpractice

Bautista Leroy LLC has been helping victims of medical malpractice and nursing home neglect and abuse for decades. Whether it's in Missouri, Kansas, Illinois or Arkansas, we have been holding hospitals and nursing homes accountable since the late 1990's. Our firm has built a strong record of trust and winning results in these cases.

 

This article will briefly explain what medical malpractice is, outline the statute of limitations in Arkansas, and explain why the timely filing of your claim is essential when seeking justice for malpractice and nursing home abuse and neglect victims.

 

 

Medical malpractice happens when a healthcare provider, which includes nursing homes in Arkansas, does not meet the required standard of care when treating patients and the misconduct causes harm or even death. The “standard of care” required here is the level of care a reasonably competent healthcare provider, having the same training and experience, would have provided under the circumstances. 

 

 

Some examples of medical malpractice include the following:

• Delayed Diagnosis or Misdiagnosis 
• Surgical Errors
• Medication Errors
• Birth Injuries
• Anesthesia Errors
• Pressure or Ulcer Injuries
• Malnutrition or Dehydration
• Preventable Falls
• Physical Assault or Abuse 

Because of the injury caused by the negligence of the health care provider you can recover compensation for the following:

1. Medical bills (past and future);
2. Physical pain and suffering;
3. Loss of earning capacity and wages;
4. Emotional distress;
5. Disability or disfigurement;
6. Loss of consortium (impact on your marriage);
7. Damages for wrongful death (in case of death of the patient);
8. Punitive damages.

 

If you believe you've been a victim of medical malpractice, don't wait too long to decide. In Arkansas, the statute of limitations for medical malpractice claims is shorter than the one for general personal injury claims.  Instead of the three-year limitation period, patients are given two years from the time the wrongful act happened to file a claim for medical malpractice. This applies to most medical malpractice cases. 

 

For cases where a surgical instrument or foreign body was left inside the patient's body, the deadline for filing a claim is different. In such cases, the patient should file the claim within one year from the date when the foreign object is or should have been reasonably discovered.

 

There are also tolling provisions, which postpone the statute of limitations from running, for malpractice victims who are minors and persons with a disability.  Taking advantage of these tolling provisions, however, can be challenging.  Some require the patient to satisfy additional detailed procedural requirements prior to filing a lawsuit.

 

It is important to know the deadline. Missing it may result in the court rejecting your lawsuit.

 

Accordingly, you should contact an experienced medical malpractice lawyer right away. Our attorneys will guide you throughout the process and will make sure you have filed your medical malpractice case at the right time. Call us today at 479-208-6614 or reach up through our Contact Form.

 

 

Filing a medical malpractice claim is never easy. Families too, are hesitant and often struggle with guilt, confusion, or disbelief when they suspect an injury was caused by their paramedic, doctor, nurse or hospital. They sometimes hesitate to take legal action because they do not know if their case falls under medical malpractice. 

 

Common reasons for the delay in filing include:

 

• Trust in the doctor's or medical personnel's explanation;
• Emotional trauma or shock;
• Lack of knowledge about filing deadlines;
• Fear of confrontation or even retaliation;
• Uncertainty whether malpractice really occurred.

In Arkansas, the law sets a deadline for when you can file a medical malpractice claim. And in most cases, it is two years from the time the injury occurred or when it was discovered. 

 

Delay in filing a lawsuit against the healthcare provider can not only affect your right to recover compensation. The strength of your case is also affected. Memories fade over time.  Witnesses relocate.  Documents are sometimes automatically destroyed or deleted pursuant to corporate document retention policies.  Finally, obtaining a settlement or a judgment in court as quickly as possible may allow the injured patient to pay for additional corrective surgeries or therapy necessitated by the malpractice and families suffering from malpractice that led to the death of a loved one can get closure.

 

You should file a medical malpractice lawsuit on time to:

• Preserve critical medical records;
• Ensure witness statements remain fresh from memory;
• Help secure compensation faster for your pain, loss and medical bills;
• Comply with the statute of limitations for medical malpractice in Arkansas.

Medical malpractice cases often involve technical medical details, procedures and expert opinions. It is not just an ordinary case for a person to go through. 

 

You should hire a lawyer because they have:

1. Legal expertise;
2. Proven experience;
3. Strong representation;
4. Fight for maximum compensation;
5. Personalized support;
6. Full confidentiality.

 

Our attorneys at Bautista Leroy LLC are equipped with legal knowledge in filing for your medical malpractice claim in Arkansas. Compassion and empathy are the heart of our service. Our lawyers also know the best way to get the maximum compensation for the medical bills, pain, and loss you have suffered.

Filing for a medical malpractice claim is a complicated matter. Hospitals and insurance companies have tremendous resources and have entire legal departments full of lawyers dedicated to defending them from all these types of litigation. You shouldn't be left behind. You deserve someone on your side who has the legal knowledge and experience to fight for your rights.

 

Our medical malpractice lawyers at Bautista Leroy LLC investigate if your case falls under medical malpractice. We uncover systemic neglect, and hold hospitals accountable when you or your loved one suffered harm due to their acts and negligence.

 

Suggested Action Steps

• Consult a medical malpractice lawyer immediately.
• Request all copies of your medical record and keep them.
• Write down everything you remember about the medical procedure, your doctor's advice, and the incident.
• Avoid signing any settlement documents without the presence of a lawyer.
• If the opportunity arises, seek a second medical opinion.

 

At Bautista Leroy LLC, we have represented victims of medical malpractice throughout Arkansas for many years. Medical malpractice happens when an act or omission of a nurse, doctor or the hospital falls below the accepted standard of care. And these acts or omissions cause injury, harm, or even death to a patient.

 

Under the Arkansas law, the statute of limitations for filing a medical malpractice lawsuit is, subject to limited exceptions, two years from the date a wrongful act happened. Failure to file the claim within the deadline may result in losing the right to recover compensation and making the healthcare provider accountable.

 

Contacting an experienced lawyer right away will work in your favor. Your attorney needs as much time as possible to gather strong evidence, consult medical experts, and build a solid case while the facts and the injury are still fresh.

 

Hiring experienced lawyers is important because:

• They make sure your claim is filed within the legal deadline.
• They understand complex medical and legal issues.
• They fight for maximum compensation.

Baustita Leroy LLC has fought and won the highest compensation for medical malpractice victims. Our team has made negligent healthcare providers accountable and recovered hundreds of thousands to millions as compensation for the harm to their clients. If you or your loved one believes your injury is caused by a medical error, don't be afraid. Our experienced lawyers are here to help you.

 

📞 Call Bautista LeRoy LLC today at 479-208-6614

📧 Or contact us online for a free, confidential consultation.

 

Let us help you demand accountability and secure the justice your family deserves.