Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery?
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…
What is Arkansas' Pre-Judgment Interest Rate? A Vexing Question with No Clear Answer.
Since the time of publication, a statute has been revised which impacts the content of this post. See Ark. Code Ann. § 16-65-114. 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…
Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR
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…
Defense Verdict in Third Xarelto Bellwether Trial
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…
Arkansas Legislature Lifts Some Burdens to Effective Physician Peer Review
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…