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★ Arkansas · medical negligence

Medical negligence settlements
in Arkansas.

By Reviewed by Abd Shanti, Founder9 min read

Arkansas malpractice plaintiffs must prove what a careful doctor in a similar local community would have done. That locality rule decides many cases before damages are reached, as two recent appeals show.

Facts that decide a medical negligence claim in Arkansas

Locality ruleThe plaintiff must prove the local standard of care, its breach, and that the breach caused the injury.Ark. Code Ann. § 16-114-206(a), as explained in Hartman v. Edwards (Ark. Ct. App. 2014)
Defense expertsThe Court of Appeals declined to strike a defense expert’s testimony for failing the locality rule, treating the burden as the plaintiff’s.Brazeal v. Cooper (Ark. Ct. App. 2016)
Caps on damagesThe Arkansas Constitution forbids laws limiting recovery for injury; the Supreme Court struck down the statutory punitive damages cap and upheld a $42 million punitive award.Bayer CropScience v. Schafer (Ark. 2011)
Fault ruleA claimant whose fault is equal to or greater than the fault of the parties sued recovers nothing; a smaller share reduces the award.Ark. Code Ann. § 16-64-122, as applied in Chong Sun Yu v. Metropolitan Fire Extinguisher (Ark. Ct. App. 2006)
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★ AR · reported medical negligence outcomes

What Arkansas courts have awarded.

Real Arkansas decisions and verdicts, each linked to the court record or official report.

  • Brazeal v. Cooper
    Arkansas Court of Appeals · 2016
    Defense verdict affirmed

    Brazeal sued his surgeon over complications from a total knee replacement in 2011. At the 2015 trial he asked the court to strike the defense expert because the expert had not met the locality rule. The court refused, the jury returned a defense verdict, and the Court of Appeals affirmed.

  • Hartman v. Edwards
    Arkansas Court of Appeals · 2014
    Defense verdict affirmed

    A family sued a doctor for medical negligence after a death. The jury found the doctor not liable, and the Court of Appeals held there was substantial evidence for the verdict and that a doctor’s explanation of his medical decisions is not an affirmative defense requiring a special instruction.

★ AR · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Arkansas.

  1. 1

    Your expert must speak to the local standard. The locality rule in § 16-114-206 puts that burden on the patient, and failing it ends the case.

  2. 2

    Defense experts are treated differently. Brazeal shows the court will not apply the same locality test to strike the defense’s expert.

  3. 3

    There is no cap on malpractice damages in Arkansas, so when liability is proven, awards can be large, as the $20 million Metheny verdict shows.

★ AR · statute of limitations
3 years for personal injury; 2 years for medical malpractice

Ark. Code Ann. § 16-56-105

★ AR · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred if claimant is 50% or more at fault.

★ AR · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Arkansas.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Arkansas's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Arkansas · you are hereModified comparative, 50% bar3 years for personal injury; 2 years for medical malpractice—
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · medical negligence →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · medical negligence →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · medical negligence →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · medical negligence →
MississippiPure comparative negligence3 years from date of injuryMS · medical negligence →
North CarolinaPure contributory negligence3 years from date of injuryNC · medical negligence →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · medical negligence →
IdahoModified comparative, 50% bar2 years from date of injuryID · medical negligence →
KansasModified comparative, 50% bar2 years from date of injuryKS · medical negligence →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · medical negligence →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · medical negligence →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · medical negligence →
★ AR · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Your medical negligence claim in Arkansas. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of AR
Arkansas overview

Fault rule, statute, caps, and key facts for Arkansas as a whole.

★ national frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Arkansas. See /methodology, /sources, and /disclaimer.