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Fayetteville Medical Malpractice Lawyer

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Law Office of Geoffrey D. Kearney, PLLC

Fayetteville Medical Malpractice Attorney

When you go to a doctor’s office or hospital, you expect to be treated with the utmost care and consideration. While this is often the case, some providers neglect their duty to provide quality care and may even harm their patients. Whether intentionally or accidentally, if you incur injuries while receiving medical care, it may be time to hire a Fayetteville, AR medical malpractice lawyer.

Experienced Medical Malpractice Lawyers Serving the Delta

At The Law Office of Geoffrey D. Kearney, PLLC, we are seasoned legal professionals led by a second-generation lawyer. Being an Arkansas native, Geoffrey D. Kearney has a deep understanding of the legal landscape in this area and is devoted to providing clients with personalized, compassionate attention. He is a Harvard graduate with an impressive history of being published, which adds to his authority in various fields of law.

inpg Geoffrey D. Kearney
Fayetteville Medical Malpractice Lawyer
Call Law Office of Geoffrey D. Kearney, PLLC today at 870-376-3068 for your Free Consultation!

What Is Medical Malpractice?

Medical malpractice, or medical negligence, is a type of personal injury that involves a healthcare provider, such as a doctor, nurse, physical therapist, or the hospital itself, neglecting to provide a certain standard of care, and as a result, the patient incurs injury or other damages.

In Arkansas, the definition of medical malpractice is broad and applies to several forms of misconduct and unlawful behaviors in medical practice, according to 17 CAR § 140-202.

For example, Fayette medical malpractice laws may involve:

  • Violating laws that are related to paying physicians
  • Writing an excessive number of prescriptions
  • Practicing fraudulent or deceitful behaviors that interfere with providing quality care
  • A provider prescribing Schedule II drugs for their personal use
  • Engaging in inappropriate or nonconsensual sexual acts with the patient
  • Certain gender-affirming procedures on minors

Examples of Medical Malpractice

Most healthcare providers deliver on their promise of providing a reasonable standard of care; however, in some cases, doctors act carelessly or negligently, either accidentally or intentionally harming their patients.

This can happen in a variety of ways, including:

  • Diagnostic errors – Misdiagnosis or failure to diagnose a patient when it may be appropriate
  • Surgical errors – Operating on the wrong body part, leaving a foreign body inside the patient, or performing unnecessary procedures
  • Errors during childbirth – Injuring the mother or baby during delivery, prescribing incorrect medication, or conducting unnecessary or unlawful procedures
  • Mistakes or errors while administering anesthesia – Administering too much or too little anesthesia
  • Failure to administer care when it would be medically appropriate or save the person’s life

What Happens if I Am a Victim of Medical Malpractice?

As of 2023, Arkansas was the sixth-highest state for medical malpractice, with a rate of 21.68 per 100,000 people. Medical providers are required to have insurance to protect themselves and to compensate victims if they experience medical malpractice. Therefore, if you experience negligence while receiving medical treatment, you should make an insurance claim.

The first thing you should do if you experience medical malpractice, or if your loved one passes because of malpractice, is to contact a skilled medical malpractice attorney to advise you on your chances of receiving compensation and what to do if your insurance claim is denied. To make the process more efficient, bring any medical records, bills, or documents related to the incident, evidence, or documentation that can help you build a case or eyewitness testimony, if possible.

When to Hire a Medical Malpractice Lawyer

No matter what stage you are in with your medical malpractice claim, it is wise to contact a lawyer. Your lawyer can assess the situation to help you determine your chances of winning your claim or if medical malpractice actually occurred. Your lawyer can also help you negotiate a settlement that may cover medical expenses, pain and suffering, legal fees, and loss of income. If a settlement cannot be reached, then they can represent you in civil court.

It is important to act timely if you experience medical malpractice in Arkansas, as there is a two-year statute of limitations to make a claim from the date of the incident, according to Arkansas Code A.C.A. § 16-114-203.

FAQs

Q: How Much Does a Lawyer Charge for Medical Malpractice?

A: The cost for a medical malpractice lawyer varies and depends on factors such as the firm’s location, the complexity of your case, and your lawyer’s experience. However, it is generally more cost-effective to hire a lawyer if you experience malpractice rather than attempting to negotiate your settlement on your own.

Q: How Long Do You Have to Sue for Medical Malpractice in Arkansas?

A: In Arkansas, you have two years from the date of the incident to make a medical malpractice claim. However, there are some exceptions to this law, such as if a foreign body is discovered more than two years after the procedure, surgery, or other medical event.

Q: What Are the Odds of Winning a Medical Malpractice Claim?

A: The odds of winning a medical malpractice claim are difficult to determine because each case is different. Generally, the strongest cases involve high-quality evidence, thorough documentation of the incident, including medical bills and reports, eyewitness testimony, and a detailed description of the event. Having a skilled lawyer with experience in medical malpractice by your side may also improve your chances of winning your case.

Q: What Are the Four Things That Must Be Proven to Win a Medical Malpractice Claim?

A: The four things that must be proven to win a medical malpractice claim are the proof of a standard or reasonable duty of care, that the duty was breached with certain actions, that the breach led to harm or injury, and that the injury incurred damages. Collectively, these four things constitute negligence, which is the basis for medical malpractice cases.

Contact Our Firm Today for a Consultation

If you are injured or harmed by a medical professional, you do not have to suffer alone. To get the most from your claim and to reach a substantial settlement, you should hire a medical malpractice lawyer from The Law Office of Geoffrey D. Kearney, PLLC, to take your case. We have offices throughout Arkansas, so contact us today for a consultation.

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