When we go to the doctor, we expect to receive nothing but the best care. Unfortunately, this is not always the case. As you will see in this article, every year in the U.S., thousands of unsuspecting, innocent patients are injured or die due to the negligent actions or omissions from a medical professional.
Fortunately, you don’t have to face these negligent parties alone. Our Fayetteville, AR medical malpractice lawyer Ken Kieklak, can help you fight aggressively and strategically for your compensation. Thanks to decades of experience, we are able to hold the liable parties accountable for your losses while you recover from your injuries. To learn more about our services, call our law offices today at (479) 316-0438.
What Causes Medical Malpractice in Arkansas?
More often than not, patients may have a positive interaction with their treating physician. However, this may not necessarily be the case for all people. Unfortunately, medical malpractice happens more frequently than you might know. According to official sources of information such as Johns Hopkins Medicine, a quarter of a million people die due to medical negligence in the U.S. every year. These are staggering and sobering numbers considering medical professionals are supposed to take good care of their patients.
Medical malpractice can take many forms and can change depending on your particular situation. However, every single occurrence of medical malpractice has the potential to cause devastating injuries. Some of the most common causes of medical malpractice in Arkansas include:
Failure to diagnose or misdiagnosing is one of the top leading causes of medical malpractice in the U.S. It may sound hard to believe, but even experienced, seasoned medical professionals fail to properly diagnose an illness or condition, which can lead to potentially devastating consequences. According to official sources, in 2018, misdiagnosis accounted for 33% of all medical malpractice claims in the U.S. You should not pay the consequences of another person’s negligence. If you or a loved one was injured in a medical malpractice claim, we can help you fight for compensation.
Surgical errors happen more frequently than you may know. Every year, thousands of unsuspecting patients are injured because of surgical errors. All medical professionals, including surgeons, must ensure effective communication with their medical staff to ensure they are performing the right surgical procedure. Surgical errors have led to devastating injuries such as wrongful amputations and operating on the wrong site. If you were injured by a negligent medical professional, our Arkansas medical malpractice attorneys can help.
Healthcare providers, including pharmacists and doctors, must make sure they prescribe the right medication to their patients. This includes making sure they prescribe the right dosage and all necessary instructions to prevent any medical complications.
Birth injuries are another common cause of medical malpractice in Arkansas. Every year, Ob-Gyns and other healthcare professionals engage in errors, causing damage to newborns during birth. Common examples of birth injuries include traumatic brain injuries, limb dislocations, and lacerations – among others. Unfortunately, these injuries can lead to debilitating conditions such as cerebral palsy, Erb’s palsy, and other medical conditions. If your child was injured during childbirth, you may hold the negligent medical professional accountable for your losses.
Proving a Medical Malpractice Claim in Arkansas
Your medical provider’s negligence must have caused your injuries or damages to prove your medical malpractice claim in Arkansas. A medical procedure that leads to a poor outcome may not be enough to warrant a medical malpractice claim – especially if your doctor acted following common practice standards within the medical community. There are four elements that you – the plaintiff – have to show with the court: a legal duty of care, breach of duty, causation, and damages.
The legal duty of care is expected from all medical professionals within the medical community. All doctors, nurses, and healthcare providers are expected to abide by their medical standards. The medical standard of care refers to the level of care that a reasonably competent and skilled healthcare professional, with a similar background, would have provided under the circumstances that led to the malpractice. You can provide evidence showing there was a doctor-patient relationship requiring a legal duty of care.
The second element in your claim is known as the breach of duty. The breach of duty happens when your healthcare provider fails to provide you with the medical services expected from a prudent, reasonable physician. You can demonstrate the breach of duty by providing evidence showing how your doctor failed to diagnose your condition or failed to make sure they were operating on the right site.
The third element in your claim is called causation. Causation requires you to present evidence showing there is a distinct, clear link between your doctor’s negligent actions or omissions and your subsequent damages.
Finally, the court will expect you to provide evidence of your losses, such as your medical expenses, lost wages, and pain and suffering. Once you have proven your case, you may get compensation. Our Arkansas medical malpractice attorneys can help.
The Statute of Limitations in Medical Malpractice Claims in Arkansas
If you were injured by a medical professional, you can file a personal injury claim to get compensation. However, you only have a limited time to do it. Under Arkansas law, you have up to two years following the date of your suspected medical negligence. While this may seem like a long time to submit your lawsuit, it would help if you did the best you can to ensure your lawsuit is filed on time. Failure to comply with the statute of limitations can lead to a dismissal of your claim.
Arkansas Medical Malpractice Attorney Offering Free Consultations
If a medical professional in Arkansas injured you or a loved one, we can help. Our Arkansas personal injury lawyer for medical malpractice Ken Kieklak has extensive experience handling these types of cases. We can help you fight aggressively for the compensation you deserve. We understand the challenges that follow a personal injury caused by a healthcare provider. That is why we dedicate all of our efforts to fighting on your behalf while you focus on recovering from your injuries. To learn more about our legal services in a free, confidential consultation, call our Ken Kieklak, Attorney at Law today at (479) 316-0438.