Title 16 — Practice, Procedure, And Courts

(1) As used in this subchapter, unless the context otherwise requires:(1) “Action for medical injury” means all actions against a medical care provider, whether based in tort, contract, or otherwise, to recover damages on account of medical injury as defined in this section;(2) “…

This subchapter applies to all causes of action for medical injury accruing after April 2, 1979, and, as to such causes of action, shall supersede any inconsistent provision of law.

(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. Ho…

A.C.A. § 16-114-204Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) In any action for medical injury, the declaration or other affirmative pleading shall not specify the amount of damages claimed but shall, instead, contain a general allegation of damage and shall state that the damages claimed are within any minimum or maximum jurisdictional…

(a) In any action for medical injury, when the asserted negligence does not lie within the jury's comprehension as a matter of common knowledge, the plaintiff shall have the burden of proving:(1) By means of expert testimony provided only by a medical care provider of the same sp…

(1) In any action for medical injury:(1) Rule 702 of the Uniform Rules of Evidence [repealed] shall govern the qualifications of expert witnesses;(2) No witness whose compensation for his or her services is in any way dependent on the outcome of the case shall be permitted to giv…

(a) (1) (A) The damages awarded may include compensation for actual economic losses recognized by law suffered by the injured person by reason of medical injury, including, but not limited to, the cost of reasonable and necessary medical services, rehabilitation services, custodi…

(a) If any action for medical injury is filed without reasonable cause, the party or attorney who signed the complaint shall thereafter, as determined by the court, be subject to:(1) The payment of reasonable costs, including attorney's fees, incurred by the other party by reason…

When a medical care provider is a codefendant with a medical care facility in an action for medical injury, and the only reason for naming the facility as a defendant is that the defendant medical care provider practices in the facility, the plaintiff shall have the burden of pro…

The results of any surveys or inspections by state or federal regulators, or by accrediting organizations, that are not otherwise privileged and that the plaintiff seeks to use as evidence against a medical care provider must be relevant to the plaintiff's injury to be admissible…

(a) If a plaintiff serves written notice of intention to file an action for medical injury within thirty (30) days prior to the expiration of the applicable statute of limitations, the statute of limitations shall be tolled for ninety (90) days only if the following conditions ar…

This subchapter is the sole remedy with respect to any action for medical injury against a medical care provider.

(a) As used in this section, “respiratory syncytial virus disease” means a respiratory infection of the nose, throat, and lungs caused by the respiratory syncytial virus. (b) (1) A person or entity that prescribes, dispenses, administers, or is otherwise involved in the administr…

This subchapter shall apply only to acts, omissions, decisions, or other conduct in connection with professional services occurring or rendered on or after April 6, 1987.

(1) No person, partnership, or corporation licensed or authorized to practice under the Public Accountancy Act of 1975, § 17-12-101 et seq., or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person…

(1) No person licensed to practice law in Arkansas and no partnership or corporation of Arkansas-licensed attorneys or any of its employees, partners, members, officers, or shareholders shall be liable to persons not in privity of contract with the person, partnership, or corpora…

(1) As used in this subchapter:(1) “Gender-affirming intervention” means an intervention to support a patient's identification with the gender opposite of his or her biological sex, including without limitation:(A) Puberty blockers; and(B) Cross-sex hormone therapy;(2) (A) “Gende…

(a) A healthcare professional who performs a gender transition procedure or a mental health professional who performs gender-affirming intervention on a minor is liable to the minor if the minor is injured, including without limitation any physical, psychological, emotional, or p…

(a) It is a defense to a civil action brought under § 16-114-402 that, before performing a gender transition procedure or a gender-affirming intervention on a minor:(1) The healthcare professional documented the minor's perceived gender or perceived sex for two (2) continuous yea…