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To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
A professional is held to a higher standard than someone with no knowledge of proper procedure. To determine whether someone is guilty of malpractice, the courts will look at whether the accused has the status of a professional. No one can sue the receptionist at a medical center for malpractice.
Under Arkansas law, a plaintiff suing for medical malpractice has the burden of proving: (1)the applicable standard of health care practice; (2) that the medical provider failed to act in ance with that standard; and (3) that such failure caused the plaintiff harm.
3 Common Types of Professional Malpractice Medical Malpractice. When you enter a hospital, clinic, or doctor's office, you expect the medical professionals there to do the best they can to make you better. ... Legal Malpractice. ... Architect/Engineer Malpractice.
The Arkansas statute of limitations for a medical malpractice lawsuit can be found at Arkansas Code section 16-114-203, which gives a prospective medical malpractice patient two years to file their lawsuit.
Crowded court dockets, extended discovery, continuances of trial dates, and protracted appeals may prolong litigation for four or five years. The statute of limitations in Arkansas for legal malpractice claims is three years.