How to Sue UAMS or State Hospitals in Arkansas: Navigating Sovereign Immunity
If you are injured at the University of Arkansas for Medical Sciences (UAMS) or another state hospital, you cannot sue the institution in a standard court due to sovereign immunity. Claims against the facility proceed through the Arkansas State Claims Commission, while insured state-employed doctors may be sued in Circuit Court up to their policy limits.
When medical negligence occurs, victims usually assume they can simply hire a lawyer and file a lawsuit in their local circuit court. However, if the medical error happened at the University of Arkansas for Medical Sciences (UAMS) in Little Rock or another state-run medical facility, the rules change completely. Because these institutions are funded by the State of Arkansas, they are heavily protected by a legal doctrine known as "sovereign immunity." This doctrine fundamentally alters where you file your claim, who decides your case, and how much compensation you can legally recover. Attempting to navigate a claim against a state entity without specialized legal help is incredibly risky. Browsing our directory to find an Arkansas medical malpractice lawyer who understands state claims is your best chance at securing the compensation you deserve.
Understanding Sovereign Immunity in Arkansas
Under Ark. Const. art. V, § 20, the State of Arkansas "shall never be made defendant in any of her courts." This sovereign immunity protection means that standard trial courts, like the Pulaski County Circuit Court, Little Rock, have no jurisdiction over state hospital entities like UAMS. If you try to file a standard lawsuit against the hospital entity itself, it will be immediately dismissed. To provide victims with a path to justice against state agencies, the state legislature created a specialized administrative body: the Arkansas State Claims Commission, Little Rock.
Filing with the Arkansas State Claims Commission
The Claims Commission acts as a substitute venue for people injured by state entities. Instead of presenting your case to a jury of your peers, your institutional negligence claim is heard by a panel of commissioners appointed by the Governor. Under Ark. Code Ann. § 19-10-204, the Commission has exclusive jurisdiction over claims against the state and its agencies. You or your lawyer must file an official claim form to initiate the process against the institution. The standard of proof remains the same as any other medical malpractice case-you still need expert medical witnesses to prove the doctors breached the standard of care-but the venue and procedural rules are entirely administrative.
Limitations on Compensation
One of the most challenging aspects of suing a state hospital is the restriction on financial recovery. The Claims Commission generally does not award punitive damages (money meant to punish the wrongdoer). Furthermore, while they can award actual damages for medical bills, lost wages, and pain and suffering, the state legislature must formally appropriate the funds to pay out large awards. Under Ark. Code Ann. § 19-10-215(b), any award or negotiated settlement of $15,000 or more must be referred to the Arkansas General Assembly for review, approval, and placement on an appropriations bill. This means you may have to wait for the state legislature to pass an appropriation bill to actually fund your settlement. This adds a layer of political complexity that does not exist in standard private hospital lawsuits.
State-Employed Doctors vs. Independent Contractors
Because suing UAMS directly is so restrictive, lawyers always investigate exactly who made the medical error. A hospital is a building, but the people working inside it have different employment statuses, which dictates how they can be sued.
Suing State-Employed Doctors Individually
While sovereign immunity protects UAMS as a state entity, doctors and medical personnel employed by the university do not receive absolute immunity. Under Ark. Code Ann. § 19-10-305(a), state employees are immune from civil liability "except to the extent that they may be covered by liability insurance." The Arkansas Supreme Court affirmed in National Bank of Commerce v. Quirk, 323 Ark. 769 (AR Supreme Court 1996) and reiterated in McCoy v. Robertson, 2018 Ark. App. 279 (AR Ct. App. 2018) that patients can sue insured state doctors directly in an Arkansas Circuit Court up to the limits of their malpractice liability policies. In these Circuit Court lawsuits, plaintiffs maintain their constitutional right to a trial by jury, unlike administrative proceedings before the Claims Commission.
The Independent Contractor Exception
Not every doctor walking the halls of UAMS is a state employee. Many surgeons, anesthesiologists, and emergency room physicians are independent contractors or work for private medical groups that merely have privileges at the state hospital. If an independent contractor commits malpractice while treating you at UAMS, they do not enjoy sovereign immunity. You can file a standard civil malpractice lawsuit against that specific doctor and their private insurance company in a regular Arkansas Circuit Court, completely bypassing the Claims Commission.
Step-by-Step Process for Filing a State Claim
Pursuing a claim against a state entity requires meticulous attention to administrative rules.
- Step 1: Obtain Medical Records. Secure all records from UAMS or the state facility immediately to determine the exact date and nature of the injury.
- Step 2: Determine Employment Status. Your attorney will investigate whether the negligent provider was a state employee or a private contractor.
- Step 3: Select the Appropriate Forum. If bringing a claim against UAMS directly, your lawyer will file an official claim form with the Commission. If pursuing an insured state physician individually up to their liability limits, counsel will file a medical malpractice complaint accompanied by a Form AOC-01, Arkansas, Administrative Office of the Courts, Circuit Court Civil Cover Sheet in an Arkansas Circuit Court.
- Step 4: File Before the Deadline. Claims must be filed within the standard Arkansas medical malpractice statute of limitations under Ark. Code Ann. § 16-114-203, which is generally two years from the date of the medical error.
- Step 5: Attend the Hearing or Trial. Your attorney will present medical experts and evidence to the panel of commissioners in Little Rock for an agency claim, or to a jury in Circuit Court for an individual claim against an insured physician.
| Defendant Type | Where to File the Claim | Can You Get a Jury Trial? |
|---|---|---|
| UAMS (The Hospital Entity) | Arkansas State Claims Commission | No. Decided by Commissioners. |
| State-Employed Doctor (Insured) | Local Arkansas Circuit Court (Up to policy limits) | Yes. Standard civil jury trial. |
| Private Independent Contractor at UAMS | Local Arkansas Circuit Court | Yes. Standard civil rules apply. |
How Much Does it Cost and How Long Does it Take?
Despite the administrative venue, these cases are still handled like complex medical malpractice claims.
- Legal Fees: Attorneys handling Claims Commission cases generally work on a standard contingency fee of 33% to 40%. You pay no upfront legal fees.
- Expert Witness Costs: You still must hire private medical experts to prove your case to the commissioners. This typically costs between $5,000 and $15,000.
- Timeline: The Claims Commission process can be lengthy. From the time of filing, it often takes 12 to 24 months to get a final hearing and a decision, and potentially longer if the state legislature must approve the payout of a large award.
Frequently Asked Questions (FAQ)
Can I appeal a decision made by the Claims Commission?
Decisions by the Arkansas State Claims Commission are generally final and cannot be appealed to a standard appellate court, though there is a very narrow internal review process within the General Assembly.
Does sovereign immunity apply to county or city hospitals?
Local municipal or county hospitals have a different type of protection called statutory immunity, which also caps damages but allows for lawsuits in civil courts up to the limit of their liability insurance.
Do I still need a Medical Expert Affidavit for a state claim?
Yes. The burden of proof remains the same. You must have qualified medical experts testify that the state-employed doctor breached the accepted standard of care.
Will UAMS settle my case before a hearing?
It is possible. The state Attorney General's office defends these claims and may offer a settlement if your evidence is overwhelmingly strong, though state settlements often require special administrative approvals.
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