A proposed constitutional amendment limiting contingency fees and non-economic damages in medical injury cases will go to Arkansas voters in November 2016. If approved, the proposed measure would amend the Arkansas Constitution to:

  • Prohibit excessive contingency fees in cases for medical injury against a health-care provider, with an excessive contingency fee defined as any fee greater than 33 1/3%; and,
  • Cap awards for non-economic damages to “at least” $250,000 per health care provider, regardless of whether the provider is a health-care professional or a health-care business.

The proposed amendment broadly defines an “action for medical injury” as any action to recover damages for a medical injury, including claims sounding in tort, contract, for wrongful death, and, presumably, products liability suits.

The proposed amendment will be on the ballot for Arkansas’ general election on November 8, 2016 and, if approved, would go into effect on January 1, 2017.

A complete copy of the proposed amendment can be found here, following the Attorney General’s opinion on certification of the measure’s popular name and ballot title.