Fayetteville Medical Malpractice Lawyers

When we place our trust in healthcare providers, we expect the highest standard of care. However, when that trust is broken due to medical negligence. Whether through misdiagnosis, improper treatment, or other failures, you deserve justice. You need someone to advocate for your rights, advance your interests, and help you pursue compensation for any harm you have suffered.

The Fayetteville medical malpractice lawyers at Osborne & Wilmoth Law Firm have assisted numerous clients in obtaining fair compensation for medical malpractice injuries, and we can help you, too. Read on to learn about medical malpractice cases in Arkansas. For personalized assistance, call our Fayetteville office for a free consultation.

What Qualifies as Medical Malpractice in Fayetteville?

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.

How Do You Prove Medical Negligence?

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.

How Long Do You Have to File a Medical Malpractice Claim?

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.

What Types of Damages Can You Recover in a Medical Malpractice Case?

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.

What Can You Expect During a Medical Malpractice Lawsuit?

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 & Wilmoth 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.

Protect Your Rights with the Fayetteville Medical Malpractice Lawyers at Osborne & Wilmoth Law Firm

If you have been harmed by medical negligence, turn to the Fayetteville medical malpractice lawyers at Osborne & Wilmoth Law Firm for dedicated, compassionate representation. Our team is committed to protecting your rights and helping you pursue the compensation you deserve. Contact our Fayetteville, Arkansas office at 479-521-7727 or complete our online form for a free consultation. We proudly serve victims of medical malpractice throughout Fayetteville and the surrounding areas.