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16-114-212. Tolling of the statute of limitations.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-114-212. Tolling of the statute of limitations.
(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 are met:
(1) The written notice shall be served by certified mail, return receipt requested, upon the medical care provider alleged to have caused the medical injury;
(2) The written notice shall include the following:
(A) The plaintiff's full name, date of birth, present address, address at the time of treatment at issue, and Social Security number;
(B) The date or dates of the treatment in question and a summary of the alleged wrongful conduct; and
(C) The names and addresses of the known medical care providers relating to the alleged medical injury; and
(3) An authorization to release medical records signed by the plaintiff, which shall authorize the medical care provider alleged to be liable to obtain pertinent medical records, shall be attached to the notice.
(b) Failure to comply with any of the requirements set forth in subsection (a) of this section shall be deemed to be material and shall result in the statute of limitation's not being tolled.
(c)(1) If the plaintiff files an action for medical injury during this tolling period without the requisite affidavit required by § 16-114-209(b)(1) and (2), the complaint shall be dismissed and costs, attorney's fees, and appropriate sanctions as determined by the court shall be assessed.
(2) The provisions of § 16-114-209(b)(3) do not apply to cases filed during the tolling period.
(d)(1) If a request for the production of copies of the medical records accompanies the written
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-114-212
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-114-212
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 53abf3373a93d5e6f54896fc79850f1175c43db9a94a7bc058c12242ede1f80b
Source location: content.xml paragraph 46990
Stored source content
16-114-212. Tolling of the statute of limitations.
(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 are met:
(1) The written notice shall be served by certified mail, return receipt requested, upon the medical care provider alleged to have caused the medical injury;
(2) The written notice shall include the following:
(A) The plaintiff's full name, date of birth, present address, address at the time of treatment at issue, and Social Security number;
(B) The date or dates of the treatment in question and a summary of the alleged wrongful conduct; and
(C) The names and addresses of the known medical care providers relating to the alleged medical injury; and
(3) An authorization to release medical records signed by the plaintiff, which shall authorize the medical care provider alleged to be liable to obtain pertinent medical records, shall be attached to the notice.
(b) Failure to comply with any of the requirements set forth in subsection (a) of this section shall be deemed to be material and shall result in the statute of limitation's not being tolled.
(c)(1) If the plaintiff files an action for medical injury during this tolling period without the requisite affidavit required by § 16-114-209(b)(1) and (2), the complaint shall be dismissed and costs, attorney's fees, and appropriate sanctions as determined by the court shall be assessed.
(2) The provisions of § 16-114-209(b)(3) do not apply to cases filed during the tolling period.
(d)(1) If a request for the production of copies of the medical records accompanies the written notice of intention to file an action for medical injury in accordance with subsection (a) of this section, and if copies of those medical records are not provided within thirty (30) days of receipt of the notice, then the plaintiff may file an independent expedited declaratory action seeking a declaration that the medical care provider failed to produce the medical records within the thirty-day period.
(2)(A) If the court finds that copies of the medical records were not produced as required by this subsection, the statute of limitations shall be tolled for a period of seventy-five (75) days from the date of the production of the copies of the medical records.
(B) If the court finds that the failure to produce copies of the requested medical records is without good cause, the court shall award the plaintiff his or her reasonable costs and attorney's fees for the declaratory judgment action.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-114-209. False and unreasonable pleadings.
(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 of the pleading; and
(2) Appropriate sanctions.
(b)(1) In all cases where expert testimony is required under § 16-114-206, reasonable cause for filing any action for medical injury due to negligence shall be established only by the filing of an affidavit that shall be signed by an expert engaged in the same type of medical care as is each medical care provider defendant.
(2) The affidavit shall be executed under oath and shall state with particularity:
(A) The expert's familiarity with the applicable standard of care in issue;
(B) The expert's qualifications;
(C) The expert's opinion as to how the applicable standard of care has been breached; and
(D) The expert's opinion as to how the breach of the applicable standard of care resulted in injury or death.
(3)(A) The plaintiff shall have thirty (30) days after the complaint is filed with the clerk to file the affidavit before the provisions of subsection (a) of this section apply.
(B) If the affidavit is not filed within thirty (30) days after the complaint is filed with the clerk, the complaint shall be dismissed by the court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-114-209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-114-209. This identifies an authority to review, not proof of applicability.