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As a Memphis, Tennessee medical malpractice lawyer with the ability to also investigate claims in Mississippi and Arkansas, we wanted to provide this information to the public.
Arkansas Medical Malpractice Lawyer
An Arkansas medical malpractice lawsuit, filed at a Faulkner County court following the death of a woman due to delay in treatment, has resulted in $5.2 million compensation to the victim’s family. The medical malpractice claim sought damages on the ground that delay in transferring the 72-year-old patient to an emergency room despite doctor recommendation led to rapid deterioration of her health, which finally led to her death. The amount of compensation included compensatory as well as punitive damages.
More than 15,000 medical malpractice lawsuits are filed in U.S. courts every year, with average compensation hovering close to $1 million. While about 100,000 people are killed because of medical errors, nearly 200,000 suffer from injuries leading to permanent or temporary health problems every year. Three-fourths of medical malpractice claims cite medical errors, while more than 95 percent highlight injuries as the most potent cause.
Grounds for Arkansas Medical Malpractice Claim
According to the Arkansas state law, any violation of standard treatment and care by medical professionals or institutions forcing patients to suffer injuries constitutes an act of medical malpractice. The actions by doctors or hospitals during the treatment course or their failure to undertake appropriate treatment resulting in negative results entitle patients or their families to initiate an Arkansas medical malpractice lawsuit.
Injuries caused by the following conditions qualify for a claim through an Arkansas medical malpractice lawsuit.
- Failure to diagnose, delay in diagnosis, or wrong diagnosis of a medical condition
- Failure to treat a medical condition in an appropriate and timely manner
- Failure to foresee and prevent complications caused by the treatment
- Failure of surgery leading to additional surgeries
- Surgical mistakes, such as complications following surgery or foreign objects found left inside the body
- Failure to prescribe or provide right drug and dosage
Arkansas Medical Malpractice Lawsuit: Doctors and Clinics
In Arkansas, medical malpractice lawsuits can be filed against both medical professionals and hospitals. The term medical professional refers to all licensed health care providers, such as doctors, nurses, therapists, psychologists, and counselors. In 2011, a woman initiated an Arkansas medical malpractice claim against her pathologist after she was misdiagnosed for breast cancer. She even underwent mastectomy. However, it was found during the post-mastectomy review that the earlier pathological report was wrong. Similar malpractice litigation led to $15 million compensation to a New York woman in 2012.
Hospitals, clinics, diagnostic centers, and pathological labs can also be held liable for acts of their staff that caused patients to suffer negative consequences.
Statute of Limitations for Arkansas Medical Malpractice Lawsuit
- All Arkansas medical malpractice lawsuits must be filed within two years of the date of injury or discovery of injury in case of delayed review.
- In case of discovery of foreign objects inside the body, the statute of limitation comes into effect from the date of such discovery.
- The statute of limitation for wrongful death lawsuits is three years.
Arkansas Medical Malpractice Lawsuit: Legal Principles
- Collateral Source Rule
The compensation to be paid by the defendant can be reduced if evidence shows that the plaintiff has been paid from collateral sources, such as insurance.
- Rules for Expert Witnesses
The law requires expert witnesses to have equal medical specialty and position as the defendant.
- Joint and Several Liability
If two or more persons have been found to have committed medical malpractice, Arkansas law requires each to pay damages proportionate to their fault.
Arkansas Medical Malpractice Compensation
One can seek compensation to cover all their economic losses – past, present, and future – by filing an Arkansas medical malpractice lawsuit. Even non-economic damages for pain and suffering and punitive damages can be sought. However, the state law caps punitive damages by fixing the upper limit at $250,000 or thrice the economic losses.
More on Medical Malpractice
Medical malpractice is negligent conduct by a health care provider that causes injury or death to a patient. It is more appropriately called “medical negligence” because the use of the word “malpractice” often connotes incompetence or a lack of professionalism. An otherwise competent health care provider may negligently injure another, just like an otherwise driver can negligently change lanes and hit another vehicle. The fact that a person is negligent does not mean that he or she is incompetent; it only means that at the time of that event, he or she did not act in keeping with the standard of conduct society expects.
There are a number of types of claims for medical malpractice in Tennessee, Mississippi or Arkansas Misdiagnosis of cancer, Failure to diagnose heart conditions, Surgical errors, Orthopedic malpractice, Emergency room errors, Anesthesia and pharmaceutical malpractice, Failure to Transfer a Patient to Another Facility, Early Discharge, Birth injuries, Children’s injuries, Spinal cord injuries, Nursing home injuries, Plastic surgery injuries, Lasik surgery, Prescription errors and Reactions to prescription drugs.
If you or a loved one in Tennessee, Mississippi or Arkansas believes you are the victim of medical malpractice and have sustained an injury to yourself or your child, infant, parent or loved one, please contact us today.
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