Medical malpractice cases can be among the most challenging legal matters to navigate, and Arkansas is no exception. Families who believe they have been victims of medical negligence often face a maze of legal, medical, and procedural hurdles. Understanding why these cases are so complex can help patients and their families make informed decisions when pursuing justice.

1. The High Standard of Proof

One reason medical malpractice cases are complicated in Arkansas is the high standard of proof required. To win a case, the plaintiff must demonstrate that a healthcare provider's negligence directly caused injury or harm. This often requires expert testimony from medical professionals who can explain how the standard of care was breached. For example, if a patient suffers complications after surgery, the plaintiff would need a qualified doctor to testify that the surgeon did not meet accepted standards of care and that this failure caused the injury. 

2. Short and Strict Statutes of Limitations

Strict statutes of limitations add to the complexity. Typically, Arkansas claimants must file within two years of when the malpractice occurred, not when the harm is discovered. An exception to this rule arises where a foreign object is negligently left in the body.  Another exception applies to minors – minors under the age of nine (9) have until the later of their eleventh birthday or two years from the date of the alleged negligence to commence the action.  There is a third exception under the continuous treatment doctrine, under which the statute does not begin to run until a doctor's continuing course of treatment has terminated.  Outside of these limited circumstances, missing the statutory deadline precludes the case from being heard.  This tight deadline adds another layer of pressure, especially when one considers that the plaintiff will have to be fully prepared and have a medical expert ready to certify the legitimacy of the claim at the beginning of the litigation.

3. Rare and Expensive Expert Witnesses

The involvement of expert witnesses is central to the process. In Arkansas, courts may require an affidavit from a qualified expert at the outset. For instance, someone alleging a hospital's failure to diagnose cancer would likely need an oncologist to provide a sworn statement about how the care departed from accepted standards. 

This certification requirement is specific to medical malpractice cases and illustrates the protection the law provides to doctors and hospitals.  The Supreme Court of Arkansas appears to have recently loosened the standard, setting no particular time when the affidavit is to be filed.  Plaintiffs are still required to have their attorneys certify that they have consulted with a medical expert who opines there is a reasonable basis to assert the claim.

The dependency on technical expert input distinguishes malpractice cases from many other personal injury lawsuits.  Compounding the problem is the fact that the required expert is another physician.  Professionals are reluctant to speak out against their colleagues, so these experts are not easy to find.  Their rarity, coupled with their pedigree, makes them very expensive to retain.  Obtaining such expertise is often both costly and time-consuming.  

4. The Legal and Medical Jargon

Additionally, the intersection of complex medical terminology and procedural rules compounds the difficulty. Plaintiffs must grasp not only their underlying medical condition but also litigation practices such as depositions and discovery. For example, a patient pursuing a malpractice claim after a prescription error would need to navigate both pharmacy records and legal procedures for obtaining evidence.

5. Trust Factor for Physicians and Nurses

Furthermore, in making a medical malpractice claim one is suing doctors and/or nurses, who, according to decades of Gallup Polling, are the professionals most trusted by the public.  That means before a plaintiff ever walks into the courtroom, his opponents, the defendant medical personnel, are probably starting out more than just a little bit ahead in terms of credibility with the jury.  The credibility bias in favor of doctors and nurses is unique to medical malpractice lawsuits, very hard to overcome, and as many plaintiffs painfully learn, bleeds into every aspect of the litigation through jury deliberations.

Conclusion

In summary, Arkansas medical malpractice cases are complicated due to:

• high proof standards necessitating expert testimony, 
• strict and sometimes unforgiving filing deadlines, 
• mandatory and challenging expert witness requirements, 
• the need to master both legal and medical complexities, and
• the bias of juries favoring doctors and nurses.

Families pursuing these claims need knowledgeable legal representation to navigate these challenges effectively. If you or a loved one believe you have experienced medical negligence, consulting with an experienced Arkansas medical malpractice attorney as soon as possible can ensure your rights are protected.  Our Arkansas trial lawyers are here to help.  Reach out to us at www.bautistaleroy-bentonville.com or 479-228-6614 for a free consultation.