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Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery?
Category: Litigation
Earlier this year, the Arkansas Supreme Court handed down a case that reduced the ability to sue the State. See Board of Trustees of the University of Arkansas v. Andrews.[1] This decision has been controversial; it has already resulted in a rejection of lawsuits against the State,[2] and is being…
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What is Arkansas' Pre-Judgment Interest Rate? A Vexing Question with No Clear Answer.
Category: Litigation
If you become engaged in litigation in Arkansas, the answer to this question can be worth hundreds of thousands of dollars in potential recovery or exposure.[1] As such, pre-judgment interest is an important consideration. This blog post focuses on a timely issue in the law: the appropriate…
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Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR
Category: Health Care, Litigation
On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where hospital personnel destroyed the patient’s paper medical chart, after scanning…
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Defense Verdict in Third Xarelto Bellwether Trial
Category: Drug & Device, Litigation
On Friday, August 18, 2017, following a two-week trial, a Mississippi jury returned a defense verdict in the third of four bellwether trials scheduled in the In re: Xarelto (Rivaroxaban) Products Liability Litigation MDL proceedings. After a little over three hours of deliberations, the jury found…
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Arkansas Legislature Lifts Some Burdens to Effective Physician Peer Review
Category: Health Care, Litigation
Peer review is the process by which doctors, hospitals, and other health care providers review the performance of their peers to identify potential problems, improve patient care, and, in some instances, remove a physician or other healthcare provider from a hospital’s medical staff. Volunteer…
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The Between the Lines blog is made available by Mitchell Williams Law Firm and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.