Little rock Medical Malpractice Attorneys
Proudly Serving All of Arkansas with offices in little rock, Mountain Home, & Texarkana
Medical negligence cases require mastery of medical procedures and terminology. Our team of Little Rock medical malpractice attorneys draw on significant experience in consulting and hiring qualified medical experts capable of determining what care was required under the circumstances, and where the care provided deviated from the accepted local standard.
Many malpractice cases in Arkansas involve the use of expert life care planners, economists and others to fully develop the real medical and financial costs, pain and suffering, and losses caused by the negligent injury or death. Because we have courtroom experience, we have the ability and confidence to take a case to trial when necessary to pursue the best possible outcomes for our clients.
- Types of Medical Negligence Cases
- The Timing of a Medical Negligence Claim
- Mediation Attorneys
If you or a loved one were seriously injured as a result of medical negligence, contact the Little Rock medical malpractice attorneys at Collins, Collins & Ray. We have the resources and expertise to handle medical malpractice cases. When someone else is legally responsible for your injury, you need to make sure you get the compensation you deserve.
We offer a free initial consultation in our Little Rock, AR & Mountain Home, AR offices
Our experience includes successful recovery of lost wages, medical expenses/hospital and remedial medical expenses and other costs incurred because of serious physical injury and hardships caused by medical negligence. Many times we pursue investigation and filing of wrongful death claims for surviving family members.
We proudly serve clients in communities throughout Arkansas and sometimes beyond, including: Arkadelphia, Benton, Bryant, Blytheville, Fayetteville, Fort Smith, Hope, Hot Springs, Jonesboro, Little Rock, Murfreesboro, Rogers, Russellville, Springdale, Texarkana, Van Buren, and others.
Under Arkansas law, a health insurer that provides payment to medical care providers for losses to its insured caused by another, can try and recover the amount that it paid on behalf of its insured from the settlement or judgment obtained by the injured party.
What this means is that the person that is actually injured may find that he or she must turn over money paid to them for their losses to the health insurance company.
Experienced personal injury attorneys know how to submit legal claims preventing the full collection of these amounts in many circumstances.
When successful, the result is that the injured person is legally entitled to keep more of the money because our firms attorneys do not take any percentage of any discounts obtained.
Experienced attorneys rely on specific statutes addressing the lawful requirements of medical liens. Additionally, our firm’s attorneys know how to properly invoke the made whole doctrine to try and eliminate or devalue such claims by insurance companies to recover money from your injury claim.
We all depend on healthcare professionals to take care of us when we are sick or injured. Our attorneys respect medical professionals, but everyone has the potential to have an off day. When a healthcare professional makes a mistake the consequences can be life changing.
Our areas of practice include:
- Abandonment of care
- Delayed diagnoses
- Drug interactions
- Inattentive nursing care
- Unnecessary surgeries and medical
- Surgical Errors
- Radiology Errors
- Wrongful death
Top-Rated Medical Malpractice Attorneys in Arkansas
We have relationships with attorneys and law firms throughout the state of Arkansas. Lawyers have demonstrated confidence in the quality of our work and our reputation of working hard to serve our clients’ best interest.
Contact us to find out whether we can assist you in evaluating the merit of a medical negligence case.
The National Trial Lawyers - Top 100 Trial Lawyers: Brian Ray 2014, 2015, 2016, 2018, 2019, 2021
The National Trial Lawyers – Top 10 Trucking Trial Lawyers: Brian Ray 2021
Little Rock Soiree – Best Lawyers: Brian Ray 2013
AY Magazine’s Arkansas Best Lawyers: Brian Ray 2020, 2021
American Institute of Personal Injury Attorneys – 10 Best Client Satisfaction: Brian Ray 2014, 2015, 2016
Nation’s Premier Top Ten Attorney – Personal Injury: Brian Ray 2016
What happens if I settled my claim and need more medical care?
We receive calls from people wondering about how to pay for necessary medical care and surgeries that were caused by an accident when the settlement was prematurely made and paid before all of the injuries came to light.
Our experiences teach that many people involved in an accident have injuries that are permanent and create many life-altering consequences that will not necessarily be paid without aggressive representation (latent shoulder and knee damage, for example). Unfortunately, many people are urged to settle their claims before the complete picture of the medical consequences is known.
When a claim is paid without consideration of permanent injuries and the need for future surgeries and medical care, the settlement amount paid is much less than it should have been (because it does not account for the money needed for those future surgeries, follow up physical therapy and the like). In those instances, the innocent accident victim may find that he or she requires expensive medical treatment that was caused by the accident, but there is no money to pay for it because the settlement was made too soon to include these damages.
In our experience, injured accident victims are well served to fully complete all of their medical care and treatment before approving a settlement (being mindful of the statute of limitations). Experience teaches the value of following through will all recommended follow up treatment to be certain there are funds to cover lingering medical problems and future surgeries.
How long do I have after the incidence of medical negligence to make a claim?
The majority of medical negligence cases must be correctly filed within two years of the date of the medical negligence. Cases involving minors (those less than 18 years of age) or incapacitated persons may be extended under certain circumstances that are well known to attorneys experienced with such claims. Caution is in order when considering any delay in presenting a medical negligence claim because of the fact that even when pursued immediately some delay is built in. Before any viable case of medical negligence can be brought, we must acquire voluminous medical records, set up the appropriate estate representative, and seek expert medical review by one qualified to render an opinion addressing the standard of care, its breach, and the medical/personal consequences. Many meritorious medical claims are lost through the failure to timely pursue them or bring them to the attention of a medical negligence attorney.
If you fail to bring in the case within the required time period, you will completely lose all opportunity to bring the claim. This is true no matter how clear-cut the medical negligence may be. Many times we are faced with prospective clients that are sad to learn that they waited too long to do anything and lost the opportunity to bring the claim.
Even with cases having merit, if you wait too long during the period you may face being denied qualified legal representation because of the lack of remaining time to accomplish those important tasks needed to evaluate the claim before the suit can even be filed. Immediate action likewise proves invaluable in making certain that the appropriate witnesses and evidence are identified. Many people choosing to delay are disappointed to find that important witnesses are not fully identified within the medical record as they might have expected, or that by the time the case is being investigated the witnesses are no longer available (through death, moving out of state, etc.).
Why file for a negligence case?
We understand that losing a loved one is a difficult time in one’s life. Often times when our clients are experiencing this kind of grief it can be difficult to justify pursuing the case of medical negligence with the mindset that it will not bring your loved one(s) back. We understand that this decision is a highly personal choice. In an effort to provide some consolation, we have compiled a list of common reasons as to why people still pursue their medical negligence cases:
- “I believe that serious attention to this problem is required because I am truly concerned that someone else will be needlessly hurt if we sit back and fail to sound the alarm about this dangerous medical provider, procedure or process.”
- “My mom was the kind of person that would stand up and fight for what is right and I want to honor her memory and make sure that every question about her death is given a complete medical and legal answer because that is what she would have done for me under the circumstances.”
- “This error was so egregious and beyond the pale that I simply could not rest if something were not done to correct it.”
- “We think it is unfair for someone to so carelessly cause so much harm without any accountability.”
- “We have tried and tried to get someone to talk to us about what happened and haven’t been able to get any information; we suspect a cover up”.
- “The death cut down a man/woman in their prime and their family was relying on their income and support which is now lost forever.”
Whatever the motivation, the law does provide accountability for patients needlessly harmed by medical care providers that failed to meet the standard of care required. Another rebuttal may be, “Why should I pursue a legal claim when there is no medical basis to think that the physical injury or disfigurement can be corrected (i.e., missing limb, burns, scars, circumcision errors and the like)?”
Skilled attorneys can work to place the consequences of the harm on those that caused it. When done correctly, this means that the person (or persons) that caused the harm will be bound to pay for the future medical care required, the loss of income and possibly the future psychological treatment as well as the time and expense of travel incurred to seek out remedial treatment. Absent a legal claim, it is often the injured alone who bear all of the consequences.
Are there risks that could’ve been minimized in my medical negligence case?
There is always risk associated with nearly every medical treatment and procedure. Trained and licensed medical care providers must take appropriate action to minimize that risk by meeting the requirements of the applicable standard of care. When those standards are disregarded, it is the patient that needlessly suffers, often tragically. Many people benefit when contacting an experienced and well-qualified medical negligence attorney immediately. Arkansas law gives surviving family members many tools to explore and evaluate whether medical negligence is the cause of serious injury or death. However, it is very difficult for most people to do this unless they come equipped with significant medical knowledge and significant legal experience. That is why it is critical to seek out legal counsel with significant experience in prosecuting and resolving such claims. As for the steps involved, they may be varied and complex, but there are few required in every case involving wrongful death. First, it is necessary to set up an estate on behalf of the deceased with an appropriate person to serve as the representative. The representative will need to obtain medical records, and obtain qualified legal counsel. These steps are necessary to establish the legal authority to investigate and prosecute the claim. Many medical care providers are trained and taught in a culture of silence when it comes to medical errors. Concerned patients and family members may not be given prompt and complete information about how the particular medical injury occurred. In medical negligence cases the person that was negligent may in fact write the record that documents the medical error and injury. Our firm is deeply familiar with reliable methods of gathering records, and obtaining independent expert review to shed light on a particular medical error and how it caused the poor outcome. Many victims of medical negligence are pleased to learn that the scrutiny and attention of the civil justice system improves medical care for other patients in the future.