ARKANSAS REFORMS

Appeal Bond Reform: HB 1038 (2003).  Limits the amount a defendant can be required to pay to secure the right to appeal to $25 million.

Comparative Fault Reform: HB 1038 (2003).  Modifies the rule of comparative fault to include non-parties.

Joint and Several Liability Reform: HB 1038 (2003).  Provides for a modified repeal of joint and several liability instead of complete repeal, whereby defendants who are found to be 1 percent to 10 percent at fault will only be responsible for the percentage of damage caused, defendants who are 11 percent to 50 percent at fault can be assessed an additional 10 percent if a co-defendant is unable to pay its share of a judgment, and defendants who are 51 percent to 99 percent at fault can be assessed an additional 20 percent if a co-defendant is unable to pay its share of the judgment (this provision does not apply to long-term care facility medical directors).  Bifurcates proceedings for punitive damages.

Medical Liability Reform: Certificate of Merit: HB 1038 (2003).  Requires a certificate of merit to be filed in medical malpractice cases in which expert testimony is required.

Medical Liability Reform: Damage Awards: HB 1038 (2003).  Requires evidence of damages for the cost of medical expenses to be actual or paid expenses.

Medical Liability Reform: Expert Witness Testimony: HB 1038 (2003).  Requires that expert medical negligence testimony come from a physician licensed in the same specialty as the defendant.

Medical Liability Reform: Periodic Payment of Future Damages: Ark. Stat. Ann. § 16‑114‑200.  Allows a court, at the request of either party, to order the periodic payment of future damages exceeding $100,000.

Medical Liability Reform: Statute of Limitations Reform: HB 1556 (1991).  Reduces the statute of limitations in cases by minors against OB-GYNs from nineteen years to nine years.  Sets the statute of limitations on an action that accrued before a child’s ninth birthday at her twelfth birthday.  Sets the statute of limitations for all other causes of action at 2 years from the accrual of the cause of action.

Punitive Damages Reform: HB 1038 (2003).  Raises the standard for the imposition of punitive damages to “clear and convincing evidence” of actual fraud, malice, or willful or wanton conduct and changes.  Limits punitive damages to the greater of $250,000 or three times compensatory damages not to exceed $1,000,000.  Bifurcates proceedings for punitive damages.

Venue Reform: HB 1038 (2003).  Limits venue to the judicial district in which the action occurred, the plaintiff resides, or the defendant resides.