§ 16-114-209 False and unreasonable pleadings

Codes > Arkansas Code > Title 16 : Subtitle 7 > Chapter 114 : Subchapter 2 > 16-114-209 False

§ 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 com-plaint 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 plead-ing; 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.

VALIDITY

Subsection (b)(3)(A) of this section has been held unconstitutional in the case of Summerville v. Thrower, 2007, 253 S.W.3d 415, 369 Ark. 231.