Recent Arkansas News
February 2025 Newsletter
Arkansas liability bill heads to Governor's desk Arkansas patients are one step closer to a healthier liability system that works for them and their physicians, as critical reforms are pending the governor’s signature. House Bill 1204, which narrowly passed the state...
Arkansas liability bill heads to Governor’s desk
A controversial tort reform bill will be sent to Gov. Sarah Sanders’ desk after the state Senate narrowly approved the legislation on Thursday. If signed by the governor, House Bill 1204 would limit the amount of damages plaintiffs can recover for medical bills in...
November 2018 Newsletter
Arkansas court ruling prevents counting medical liability votes Progress on liability reform in Arkansas hit a snag this fall, as a court ruling ahead of November elections hurt efforts for reforms to move forward. Medical liability reforms championed by Arkansas for...
Current Medical Liability Laws
| Damage Caps | None. (a) Except as provided in subsection (b) of this section, a punitive damages award for each plaintiff shall not be more than the greater of the following: (1) Two hundred fifty thousand dollars ($250,000); or (2) Three (3) times the amount of compensatory damages awarded in the action, not to exceed one million dollars ($1,000,000). (b) Subsection (a) of this section shall not apply when the finder of fact: (1) Determines by clear and convincing evidence that, at the time of the injury, the defendant intentionally pursued a course of conduct for the purpose of causing injury or damage; and (2) Determines that the defendant’s conduct did, in fact, harm the plaintiff. (c) As to the punitive damages limitations established in subsection (a) of this section, the fixed sums of two hundred fifty thousand dollars ($250,000) set forth in subdivision (a)(1) of this section and one million dollars ($1,000,000) set forth in subdivision (a)(2) of this section shall be adjusted as of January 1, 2006, and at three-year intervals thereafter, in accordance with the Consumer Price Index rate for the previous year as determined by the Administrative Office of the Courts. Arkansas Code § 16- 55-208. |
| Joint Liability Reform | Pure several liability, tortfeasor only liable for their proportion of the negligence. |
| Collateral Source Reform | No. Recovery of damages for past necessary medical care, past necessary medical treatment, or past necessary medical services received includes only those costs actually paid by or on behalf of the plaintiff or that remain unpaid and for which the plaintiff or any third party is legally responsible. |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | Yes. Mandatory, upon motion by either party, for future damages in excess of $100,000. |