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Medical malpractice is an area of law in Arkansas that allows patients to seek compensation if they are harmed by a healthcare provider's negligence. Negligence occurs when a doctor, nurse, hospital, or other provider fails to provide the standard of care that is reasonably expected, resulting in injury to the patient. Common forms of medical malpractice include misdiagnosis, surgical errors, medication mistakes, birth injuries, and failures to properly treat or follow up with patients. Arkansas has specific rules and procedures that must be followed to bring a successful medical malpractice claim.
Medical malpractice cases are complex and challenging to prove. You may need a lawyer if you or a loved one has experienced any of the following:
An experienced medical malpractice attorney can evaluate your case, help assemble evidence, explain your rights, and guide you through Arkansas’s legal process. Lawyers are also essential for dealing with insurance companies and negotiating settlements.
Arkansas medical malpractice law includes several important features and limitations meant to balance patient rights with protections for healthcare providers. Some key aspects include:
Medical malpractice occurs when a healthcare provider fails to act according to the accepted standard of care and causes injury to a patient as a result. Examples include surgical mistakes, misdiagnosis, medication errors, and improper treatment.
In most cases, you have two years from the date of the alleged negligent act or omission. There are limited exceptions, such as injuries to minors or situations where the injury was not immediately discovered.
Yes, Arkansas law generally requires testimony from a qualified medical expert to establish that the provider’s actions did not meet the required standard of care.
Arkansas applies modified comparative fault. If you are less than 50 percent responsible for your injury, you can recover damages that are reduced by your share of the fault. If you are 50 percent or more at fault, you cannot recover.
Plaintiffs may recover economic damages such as medical expenses, lost wages, and future care costs, as well as non-economic damages like pain and suffering or loss of enjoyment of life.
Currently, Arkansas does not place a cap on most damage awards, but laws may change over time.
Seek another medical opinion to address your health concerns and document everything related to your care. Consult a qualified attorney as soon as possible to review your case and meet all deadlines.
You must show that the provider owed you a duty of care, breached that duty by failing to meet accepted medical standards, and directly caused your injury. Expert testimony is usually required to prove these elements.
Many attorneys take medical malpractice cases on a contingency fee basis, meaning they only get paid if you recover compensation. Always discuss fees and costs clearly with any attorney you consider hiring.
Not every medical malpractice claim ends up in court. Many are resolved through settlement negotiations. However, your attorney will prepare your case for trial if a fair settlement cannot be reached.
For more information or help regarding medical malpractice in Arkansas, you may find these resources useful:
If you believe you are a victim of medical malpractice in Arkansas, take the following steps:
An experienced attorney can explain your rights, build your case, and help you pursue fair compensation for your injuries under Arkansas law.
