Medical Malpractice

A physician’s decisions can sometimes mean life or death. Patients think well of their doctors and expect them to exercise a high level of professional competence. When things go wrong many are reluctant to blame their doctor even when there is obvious evidence of professional negligence.

Arkansas law requires that physicians possess and reasonably apply the same degree of skill and learning as that used by physicians in the same type of practice in the community in which the doctor practices or a similar community . Most doctors live up to this standard and their professional creed: “Do no harm.” Now and then, however, physicians make mistakes which result in injury.

While not all bad outcomes are caused by negligence that subjects the physician to liability, it is important that you have your case reviewed by an attorney if you believe malpractice has occurred.

The statute of limitations for medical malpractice in Arkansas is typically two (2) years from the date of the negligence. This means that even if the injury does not manifest itself until later, your claim will be barred, unless the case is filed within two years of the date of the act or omission that caused the injury. There are exceptions to this rule and for this reason you should immediately contact an attorney to discuss these issues if you believe you are the victim of medical negligence.

Medical malpractice can take many forms, including:

• Failure to diagnose a disease or illness;
• Misdiagnosing a disease or illness;
• Failure to properly monitor patients;
• Failure to properly treat the diagnosed disease;
• Surgical errors including wrong-site surgery and anesthesia errors;
• Birth errors including errors during delivery and anesthesia errors;
• Failure to fully inform the patient of the risks of certain procedures and surgeries;
• Misuse of prescription drugs;
• Improper use of medical equipment or implants;
• Hospital borne infections;
• And other breaches of the standard of care owed to the patient.

In 2003, the Arkansas General Assembly stripped away important rights from victims of medical negligence succumbing to pressure from the insurance industry, big business, hospitals, and physicians. Physicians backed the measure after being convinced that their medical malpractice insurance premiums would be lowered if “tort reform” was passed. Not surprisingly that has not come to pass.

As a result of these “reforms” it is more difficult than ever for medical malpractice victims to find justice. For years, malpractice plaintiffs have had difficulty obtaining complete medical records; overcoming juror bias that favors physicians; breaking the “conspiracy of silence” which exists among medical professionals (physicians are hesitant to testify against one another, even in the most egregious cases); and explaining complex medical issues to jurors.

The inaptly named “Civil Justice Reform Act” adds to these difficulties by requiring that negligence be established through the sworn testimony of a physician practicing in the same specialty as the defendant physician, even when the defendant physician committed the negligence while practicing outside his own specialty; limiting joint and several liability (which would require multiple culpable parties to be responsible for the entire harm); and requiring that future damages exceeding $100,000 be paid periodically, instead of in a lump sum.

If you feel you may have a medical malpractice case, please call us immediately, so that we can begin the process of determining whether or not we can assist you. We may decline to represent clients whose cases we feel may not be successful or economically viable in light of the recent changes to medical malpractice law. As always, we reserve the right to decline any case for any reason.