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Medical Professional Liability State Profile:

Arkansas

PRA New Business Paper
#11 ProAssurance State Rank
#32 Market Rank
$89,429,654 Size of MPL Market

CME Requirements

Credit Amount
Arkansas requires 20 CME credit hours per licensure cycle, half of which must be Category 1 in the physician’s primary area of practice.

Licensure Cycle
Annual—expiring the last day of the licensee’s birth month.

Topics
Effective beginning the 2019 renewal cycle, Arkansas physicians must complete 1 hour of CME related to opioids and benzodiazepines.

CME requirements listed above were accurate when posted, but CME state requirements change frequently. Due to COVID-19, certain states may have modified their licensure requirements. Physicians are advised to confirm Arkansas’ current requirements with the Arkansas State Medical Board.

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate: 6% if no interest rate specified in the contract

  • Code Ann. § 4- 57-101(d) (eff. Aug. 2013); Mo. & N. Ark. R.R.; Wooten v. McLendon, 612 S.W.2d 105 (Ark. 1981)

Prejudgment Accrual Date: Date of Loss

  • Reynolds Health Care

Post-Judgment Tort Actions Rate: Equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%), not to exceed maximum rate permitted under Ark. Const. Amend. 89

  • Code Ann. § 16-65-114

Post-Judgment Accrual Date: Date of judgment

  • Code Ann. § 16-65-114; Jameson

One-party or two-party state

Arkansas is a one-party state.

In Arkansas, consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park. Ark. Code Ann. §5-60-120 

 

Tort Laws

Limits on damages for pain and suffering: None (prohibited by state constitution)

Limits on contingent attorney fees: None

Reform of collateral source rule: None

Periodic payment of future damages: Mandatory over $100,000 at request of either party

  • Code §16-114-208 (2003)

Statute of limitations: 2 years; 1 year Foreign Object from discovery

  • Code §16-114-203 (1991)

Abortion Law

Now that the Supreme Court has overturned Roe:

Arkansas is enforcing its trigger ban to prohibit abortion entirely.