Fayetteville, Arkansas Medical Malpractice Lawyer
Residents of Arkansas rely on medical professionals to provide valuable advice and remedies to their medical problems. Whether you need to see a doctor for a routine check-up or a life-saving procedure, you never imagine that your doctor may give you bad advice or commit negligence when treating you. You should not have to suffer because a healthcare professional was careless in treating you. If you or a family member was injured by a negligent healthcare professional, you should speak with an experienced Fayetteville medical malpractice lawyer.
The lawyers at Gunn Kieklak Dennis, LLP are here to help you hold negligent healthcare professionals responsible for their actions. Our firm understands the disappointment of being injured by a medical practitioner that you trusted, and we will work to help you receive the compensation that you deserve. To schedule a confidential consultation regarding your medical malpractice claim, call us at (479) 439-9840 or contact us online.
Types of Medical Malpractice Cases
A medical malpractice case can be filed in Arkansas if a health care provider has been medically negligent. Medical negligence is when a healthcare provider injures a patient due to a failure to provide adequate medical care that complies with the standard of care. The governing standard of care refers to the kind of care that is common among medical practitioners in similar situations, with similar training. There are several examples of medical negligence that an injured person can file a claim for, such as:
- A medical practitioner prescribing incorrect medication that has a negative effect on a patient
- Creating an inadequate treatment plan
- Failing to diagnose, misdiagnosing, or delaying a diagnosis for an illness or condition
- Leaving surgical equipment or other foreign objects in a patient’s body after surgery
- Failing to receive a patient’s informed consent for a medical procedure
There are a number of healthcare professionals that can be held liable for an injury to a patient, including:
- Physician’s assistants
- Physical therapists
This is not an exhaustive list of parties who can be sued for medical malpractice. If you were injured by a medical care provider that is not listed above, you should still speak with an experienced Arkansas medical malpractice lawyer.
Statute of Limitations for Medical Malpractice Lawsuits in AR
The statute of limitations is a law which dictates the amount of time an injured person has to file their lawsuit. The statute of limitations for a medical injury claim in Arkansas is two years after the cause of action accrues. This means that you have two years from the day you were injured by a medical care provider to file your case.
Medical injury cases based on a foreign object left in your body follow a different rule. This exception says that the two-year time limit does not begin to run until the object is discovered or reasonably should have been discovered. For example, if you undergo surgery and the surgeon leaves a medical sponge in your body, the time limit on your case will not run until you discover the sponge (or should have discovered the sponge). If a patient has severe pain in his or her abdomen after a surgeon left medical equipment inside them but waits two years to consult a doctor about the pain, the court may rule you “should have” discovered the injury sooner and consider the statute of limitations expired.
Another exception to the statute of limitations involves children who are age nine or younger. If a child is nine years old or younger when they suffer an injury due to a medical care provider’s actions, the child or the person filing suit on behalf of the child shall have “until the later of the child’s 11th birthday” or two years from the date of the medical injury.
If you do not file your medical malpractice case within the time limit, the court may dismiss your case, and you will be unable to receive compensation for your injuries. You should contact a lawyer if you believe your case deadline is quickly approaching.
Types of Compensation Available for Medical Injuries
If you prevail in your medical malpractice claim, you will be entitled to an award of damages. Generally, there are two types of damages available for medical malpractice victims: actual damages and general damages.
Actual damages will provide you with compensation for various out-of-pocket expenses, like the money used for physical therapy or wages lost from an inability to work because of the injury. General damages are awarded for injuries that are hard to quantify, like pain and suffering or loss of consortium.
Under Arkansas law, there is no limit on the amount of damages that may be awarded in a medical malpractice case.
Fayetteville, AR Medical Malpractice Attorneys Are Here to Fight for You
If you or a family member was a victim of medical malpractice, you should consult with an experienced Fayetteville medical malpractice attorney today. The attorneys at Gunn Kieklak Dennis, LLP understand how a medical injury could negatively affect your life and will work to help you receive compensation for your injuries. To schedule a consultation about your medical malpractice claim, call us at (479) 439-9840 or contact us online.