Medical Malpractice Statute of Limitations in Arkansas

Last verified 2026-07 · Source: Ark. Code § 16-114-203 ✓ verified · 3 sources

The deadline

2 years

from the date of the wrongful act complained of and no other time, under Ark. Code § 16-114-203.

Advertisement

If you're researching medical malpractice claims in Arkansas, the single most important number is 2 years. That's how long Ark. Code § 16-114-203 gives you to file a medical malpractice claim, counted from the date of the wrongful act complained of and no other time. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.

Arkansas Deadlines for Related Claims

Claim typeDeadlineStatute
Medical Malpractice 2 years Ark. Code § 16-114-203
Car Accident 3 yrs Ark. Code Ann. § 16-56-105
Credit Card Debt 5 yrs Ark. Code Ann. § 16-56-111(a)
Wrongful Death 3 yrs Ark. Code Ann. § 16-62-102
Personal Injury 3 yrs Ark. Code Ann. § 16-56-105(3)
Dog Bite 3 yrs Ark. Code Ann. § 16-56-105 (3-year personal injury SOL); no specific dog bite statute — common law one-bite rule applies
Slip and Fall 3 yrs Ark. Code Ann. § 16-56-105
Defamation 3 yrs Ark. Code Ann. § 16-56-105(5) (libel, 3 yr); § 16-56-104(3) (slander, 1 yr)
Breach of Contract 5 yrs Ark. Code Ann. § 16-56-111
Medical Debt 5 yrs Ark. Code Ann. § 16-56-111

When the Clock Starts

In Arkansas, the limitations period for medical malpractice claims generally begins on the date of the wrongful act complained of and no other time. Arkansas does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Advertisement

Exceptions That Can Extend the Deadline

Arkansas has NO certificate/affidavit-of-merit requirement — the statute requiring a reasonable-cause affidavit was held unconstitutional by the Arkansas Supreme Court — and noneconomic damage caps were likewise struck down, so no cap applies. Official source: durable free Justia page (Arkansas Code is officially published only on commercial LexisNexis).

Source: Ark. Code § 16-114-203, official Arkansas statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for Arkansas government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Arkansas Compares to Nearby States

StateDeadlineStatute
Arkansas2 yearsArk. Code § 16-114-203
Missouri 2 yrs RSMo § 516.105
Tennessee 1 yr Tenn. Code Ann. § 29-26-116
Mississippi 2 yrs Miss. Code § 15-1-36
Louisiana 1 yr La. R.S. 9:5628(A)
Texas 2 yrs Tex. Civ. Prac. & Rem. Code § 74.251
Oklahoma 2 yrs Okla. Stat. tit. 76, § 18

Frequently Asked Questions

How long do I have to file a medical malpractice claim in Arkansas?

You have 2 years from the date of the wrongful act complained of and no other time, under Ark. Code § 16-114-203.

Can I still sue after 2 years in Arkansas?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

What if the victim was a minor?

Arkansas generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

Arkansas has sovereign immunity; tort claims against the State (including state-run hospitals) are heard by the Arkansas State Claims Commission (Ark. Code § 19-10-204) rather than filed in circuit court.

Advertisement

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Arkansas attorney.