Fayetteville Medical Malpractice Lawyers

Medical malpractice occurs when a healthcare provider fails to deliver care that meets established medical standards, harming the patient. Our Fayetteville attorneys have handled various medical malpractice cases, including straightforward issues like misdiagnosis or delayed diagnosis. Sometimes, a doctor may prescribe the wrong medication, or a pharmacy may provide the incorrect prescription.

More serious instances involve surgical errors, such as leaving tools inside a patient, administering the wrong dosage of anesthesia, or failing to treat a condition entirely. These lapses in judgment can profoundly impact your quality of life, and you may be entitled to compensation for your injuries.

To prove a medical malpractice claim in Arkansas, you must demonstrate four key elements:

• Duty of Care: Establish that the healthcare provider owes you a duty of care, typically shown by proving a doctor-patient relationship.
• Breach of Duty: Show that the provider breached this duty by failing to meet accepted medical standards, usually with expert testimony explaining those standards.
• Causation: Provide evidence linking the provider’s negligence directly to your injuries, often using medical documentation.
• Damages: Prove that you suffered actual physical, emotional, psychological, or financial harm as a result.

Expert testimony is often essential to clarifying the standard of care, identifying the breach, and showing causation. Expert witnesses can interpret medical records, provide second opinions, and explain complex medical issues to the court, often significantly impacting the case’s outcome.

In Arkansas, the statute of limitations typically gives you two years from the date of the incident to file a medical malpractice lawsuit. If you miss this deadline, you may forfeit your right to sue. However, under Arkansas’ “discovery rule,” if you only became aware of the injury later, the two-year period begins from the date of discovery.

Special circumstances may also apply. For minors, the statute of limitations may extend until three years after they turn 18. If the malpractice caused a mental disability, the clock doesn’t start until recovery or a legal representative is appointed to act on their behalf.

If you succeed in a medical malpractice lawsuit, you may recover two types of damages:

• Economic Damages: Compensation for expenses like medical bills, rehabilitation, and medication.
• Non-Economic Damages: Compensation for intangible harm, including pain, suffering, and diminished quality of life. Arkansas law caps non-economic damages at $500,000, but economic damages remain uncapped.

In particularly severe cases, punitive damages may be awarded to punish the provider for reckless or egregious behavior and deter similar conduct in the future.

Filing a medical malpractice claim initiates a complex legal process. After submitting your formal complaint, you will enter the discovery phase, where both parties exchange evidence. This stage may involve depositions, written questions, and medical record submissions. If a settlement isn’t reached, the case will go to trial.

Successfully navigating a medical malpractice lawsuit requires careful handling of paperwork, deadlines, and legal strategy. Osborne Law Firm’s experienced attorneys will manage these aspects of your case, working diligently to gather evidence, secure expert witnesses, and ensure you meet all necessary deadlines.