Legal Action For Medical Malpractice Victims

Legal Action For Medical Malpractice Victims

Meaghan Kleine Blog

For every 100,000 patients treated by Arkansas physicians, around 20 individuals will file a malpractice report. While that may not seem outrageous, those statistics place Arkansas as 13th highest state for medical malpractice claims in the United States. 

Think you might have a medical malpractice claim? You’ll want to gather relevant information about the provider’s qualifications, the primary medical concern, and treatment (or lack thereof) to bring to your initial legal consultation. Here’s how to get started: 

Finding The Right Provider For Your Needs

Have you ever paid attention to the acronyms listed next to your medical provider's name? Terms like DO, MD, LN, and PA all describe the level of training a practitioner completed during their schooling. 

 

A doctor of osteopathy (DO) and a doctor of medicine (MD) are both medical doctors, but the way they treat their patients is different; DO’s will use muscle manipulation during treatment whereas MD’s will use medication. Of course, DO’s can prescribe medicine and MD’s can use muscle manipulation, but their medical knowledge for treatment is stronger in the areas they were trained in. 

 

 

Unfortunately, we don’t always have the chance to research our medical providers — when faced with a serious emergency, you’ll see the provider who is available. But therein lies a problem; the provider you see may be unfamiliar with your ailment and recommend a treatment model that doesn’t work for your body. 

Identifying Medical Malpractice

From the emergency room to your local primary care practice, malpractice can happen anywhere and anytime. The Arkansas State Medical Board reviews claims where patients report one of the following againt their provider: 

  • Acts of Omission 

  • Carelessness

  • Failure to Diagnose

  • Failure to Render Proper Treatment

  • Failure to Refer

  • Negligence

  • Standard of Care

  • Wrongful Death

  • Other (for any malpractice claim that does not fit within the listed categories)

 

Residents who have experienced a malpractice incident can report their complaint by writing a detailed account of the incident. The physician will receive a copy of your report and must respond within ten days. The Arkansas State Medical Board website has further information for clients looking to file a grievance. 

When Do I Consult With An Attorney About Malpractice?

The best time to contact an attorney about medical malpractice would be before you file a formal complaint to the Arkansas State Medical Board. When physicians are given a copy of your complaint, they must reply to the medical board and report the claimant’s attorneys name.
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Take a look at the Malpractice Reporting Form for physicians. It focuses heavily on the legal complaints in the court of law, asking “Have allegations been reduced to a lawsuit?” immediately after the identifying information (name, license number, etc). 

 

Additionally, with the physician’s response, they must report if they received a notice of intent to sue. Therefore, you’ll want to have everything prepared with your attorney prior to filing your complaint. Time is limited — individuals have two years to file a malpractice claim before the statue of limitations runs out. 

Hickey & Hull: We’re Here To Help

As a client, you expect your healthcare team to make decisions that better your wellbeing…not make your condition worse. If you’ve been placed in a difficult position due to poor medical choices and you feel like your medical provider may be responsible, it’s time to discuss your case with a lawyer. 


The personal injury legal team at Hickey & Hull have helped Arkansas residents pursue medical malpractice lawsuits against physicians, so if you’re looking for an attorney to help pursue your claim, give us a call at (479) 434-2414 and schedule your initial consultation today!