Types of Medical Negligence Cases We Handle In Arkansas

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.).

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.

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.