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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.

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Tennessee Medical Malpractice Lawsuit: Do I Have A Claim?

About 2,000 medical malpractice lawsuits are filed in Tennessee courts every year. While misdiagnosis or delayed diagnosis accounts for the highest number of Tennessee medical malpractice lawsuits, a few of these are also filed over wrongful death, surgery mistakes, post-operative complications, and wrong prescription. More than 70 percent of claims are settled following legal notices, and only 30 percent reach the litigation stage. A majority of medical malpractice litigations are settled out of court, thanks to the efforts of expert Tennessee medical malpractice attorneys.

The Tennessee State Code has explicit provisions defining and delineating medical malpractice claims. It focuses on three points – what constitutes medical malpractice in Tennessee, the time limit within which a claim must be filed, and the upper limit of damages to be granted.

What Is Tennessee Medical Malpractice?

The state law considers any breach, neglect, or violation, willfully or unwillingly, of standard treatment care provision by a healthcare professional or hospital as an instance of medical malpractice in Tennessee. The diagnosis, treatment, and care of various health problems follow a standard medical procedure depending on the age and condition of the victim. Any deviation from this can put the life and health of the patient in jeopardy, causing them to suffer from problems that could have been prevented.

Thus a Tennessee medical malpractice lawsuit can be filed in the event of:

• Wrongful death or injury caused by misdiagnosis
• Surgical mistakes and injuries
• Wrong or delayed diagnosis
• Prescription of incorrect drug or treatment
• Leaving foreign object inside
• Pre-operation, intraoperative, and post-operative injuries, complications, infections
• Complications, infections following treatment
• Wrong amputation or surgery
• Birth injury, negligent inpatient care, anesthesia error
• Nursing home abuse
• Lack of hygienic condition at hospital conditions contrary to medical standard

Definition of Healthcare Professionals/ Hospitals

A Tennessee medical malpractice claim can be initiated based on the aforementioned grounds against a healthcare professional or hospital. The definition of healthcare professional includes everybody involved in the process of treatment, right from doctors to nurses. All types of medical professionals can be sued under the tort law through a civil lawsuit seeking their accountability for acts of omission and commission.

Tennessee medical malpractice claims can also be made against any hospital in the geographical limits of the state. All healthcare facilities, including pathology labs and clinics, are expected to have trained professionals, equipment, and adequate environment meeting usual healthcare conditions while offering services. Hospitals must take adequate care of a patient, provide him befitting treatment, and secure him from any preventable injury. The state law allows patients to claim medical malpractice in Tennessee and seek damages if there is any injury or suffering caused by lack of proper treatment and care.

Tennessee Medical Malpractice Lawsuit: The Legal Provision

The state law requires all TN medical malpractice claims to establish

1. the healthcare service provider, doctor or hospital has a duty to treat the patient adequately
2. there was evidence of no adequate treatment
3. negligence or lack of adequate treatment resulted in injury or suffering

Injuries can be of various types, ranging from physical and medical injuries to psychological damage and financial loss. Any one suffering from these injuries caused by negligence or acts of omission of hospital staff or doctors can file claim for damages through a civil lawsuit. However, the claim must seek damages against compensable injury.

Tennessee Medical Malpractice Lawsuit: Statute of Limitations

• Tennessee statute of limitations allows one-year time limit to a victim or their relative file a medical malpractice claim, from the date of the discovery of injury.
• No medical malpractice claim can be made after three years of the date of injury. One must file a civil claim within three years of receiving the injury. There is an exception to discovery of foreign objects left in the patient’s body. The limitation comes to force only it has been discovered.
• In case of fraudulent concealment by medical professionals or hospitals, there is no three-year statute of limitations to make TN medical malpractice claims. However, the litigation must be initiated within a year of the discovery of fraudulent action or injury.
• For minors, the claim must still be filed within three years.

Tennessee Medical Malpractice Lawsuit: The Compensation

Tennessee law allows a variety of compensation claims through medical malpractice lawsuits or notices. These include:

• Compensatory Damages: Granted to compensate injury, suffering, loss of job, medical costs, and other physical and economic losses. It covers out-of-pocket expenses in the past, present, and future as well as temporary and permanent tangible economic losses.
• Punitive Damages: Awarded to the plaintiff as a symbol punishment to those responsible for his injury and sufferings.
• Non-Economic Damages: An attempt to heal emotional and psychological sufferings in monetary terms, this also compensates loss of family life of the plaintiff.

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