Serving clients in Fayetteville and all of NW Arkansas
No patient expects that their doctor will act negligently and cause them to suffer a serious injury. However, there are multiple scenarios where a doctor could fail to provide a patient with the adequate care they deserve. Fortunately, you can file a malpractice claim against a doctor that is responsible for your injuries. If you or a family member was injured due to the careless actions of a doctor, contact an experienced Fayetteville medical malpractice lawyer today. No patient should have to suffer because a doctor’s negligence caused them to be seriously injured. Ken Kieklak, Attorney at Law, is here to explain how a patient can sue a doctor in Arkansas.
Suing a Doctor for Medical Malpractice in Arkansas
In Arkansas, it is possible to sue a doctor for medical malpractice for failing to provide a patient with proper medical care. Medical malpractice occurs when a person fails to provide a patient with the approved standard of medical care that is common within a certain field. However, a claim for medical malpractice cannot be accrued because the medical practitioner failed to provide a patient with perfect medical care. For example, if you experience severe pain after a successful surgical procedure, this may not be enough to show that the surgeon committed medical malpractice.
To show that a doctor committed medical malpractice, a plaintiff must show that the doctor acted in a manner that is inconsistent with the common level of medical care that is expected in their specialization. To determine this issue, there will be a need to investigate various factors like the doctor’s experience and the standards of care common among his peers with similar experience.
Note, however, that a claimant must first show that they have a doctor-patient relationship with a doctor. A doctor-patient relationship cannot be cultivated by receiving casual medical advice from a doctor. Instead, the claimant must show evidence like a doctor treating their condition or a payment made to a doctor for the purposes of receiving medical care.
Once a doctor-patient relationship has been established, the plaintiff must then show how the doctor’s negligence resulted in their injury. Specifically, a plaintiff must prove all the following elements to show that a doctor’s negligence amounted to medical malpractice:
- The doctor owed the plaintiff a duty
- The doctor breached their duty to the plaintiff
- The breach by the doctor was the cause of the plaintiff’s injuries or losses
- The patient suffered an injury or losses that a court of law can compensate
To learn more about common malpractice claims that our firm handles, continue reading and consult with an experienced medical malpractice lawyer.
Common Medical Malpractice Lawsuits Against Doctors
An injury due to medical malpractice can occur for a number of reasons. Under some circumstances, a doctor could be liable for a birth injury because they failed to diagnose an infection in a mother that later spread to the child. Despite how a patient was injured, they deserve to be compensated for a doctor failing to provide them with adequate medical treatment.
The following is a list of common medical malpractice claims that our firm can litigate for you.
A surgeon and the medical staff that supports them could commit several serious errors if they are not diligent when performing a procedure. For example, leaving a medical instrument inside a patient is a surgical error that could have easily been avoided if a surgical team took an accurate count of all instruments that were used.
Other surgical errors that are common include:
- Performing surgery on the wrong limb or wrong side of the body
- Administering an unsafe amount of anesthesia
- Making inaccurate incisions that may cause hemorrhaging or nerve damage
Misdiagnosis/Failure to Diagnosis
When a doctor misdiagnoses a patient, it means that they mistook the symptoms of one medical condition for another type of condition. This can be devastating if the actual illness is an issue that must be corrected immediately. For example, misdiagnosing cancer can cost a patient valuable time that was likely needed for treatment.
If a doctor fails to diagnose a condition, it means they did not believe that a patient was suffering from any particular illness or medical condition. A patient may have difficulty determining whether a doctor failed to diagnose their condition unless they seek multiple opinions from different doctors.
Before prescribing medication to a patient, a doctor should ensure they are aware of other medications the patient takes or whether the patient has any medication allergies. Unfortunately, some doctors will prescribe medication that interacts poorly with a patient’s body or with other medication the patient was previously prescribed. If this occurs, the doctor could be held liable for medical malpractice.
Our Experienced Arkansas Medical Malpractice Attorney is Ready to Work with You
If you were a victim of medical malpractice at the hands of your doctor, contact an experienced Fayetteville personal injury attorney. Injury lawyer Ken Kieklak has served residents of Arkansas for nearly 20 years, and he would be proud to provide you with the legal representation that you deserve. To schedule a free case evaluation, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You can also contact the firm online.
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