Medical Malpractice Lawyers

Unfortunately, medical errors do happen as the result of a healthcare worker’s negligence, leading to more severe illnesses, injuries, or conditions. If your doctor, nurse, surgeon, or another healthcare worker made a mistake that caused you injuries and other damages, then you could use the help of a Bentonville medical malpractice lawyer. At McMath Woods, we’re prepared to fight for your rights and pursue justice and the compensation you deserve for what you have suffered when under the care of a negligent medical professional.

Examples of Medical Errors

When a healthcare professional is medically negligent, they can make errors in their patient’s care. Many factors lead to negligence in healthcare: understaffing, overworking, improper training, improper credentials, distractions, rushing, lack of care, and many others.

When a worker in the medical field is negligent, it’s not like when a worker at most other companies makes a mistake that affects a product. Healthcare professionals have a duty to care for the health of others, which means that when they’re negligent and make an error, it may put lives at risk.

You might have experienced a medical error and are unsure what to do next. Here are some common medical errors that happen in the healthcare industry that could have happened to you:

  • Misdiagnosis
  • Missed diagnosis
  • Medication errors
  • Defective medical devices
  • Surgical tools left inside the body
  • Infections
  • Allergic reactions
  • Wrong surgery site

If you don’t see what happened to you listed above, don’t worry—you still might have experienced medical malpractice. You’ll need to prove negligence to ensure that what you suffered from was actual medical negligence and wasn’t just care you were unsatisfied with. For the act to be an act of negligence, there must be four elements present:

  • A doctor-patient relationship exists between you and the medical professional providing your care.
  • They breached that relationship by failing to meet the standard of care.
  • That breach directly resulted in you suffering an injury.
  • That injury resulted in you incurring damages.

Once it is proven that your doctor, nurse, or other medical professional responsible for your care was negligent, you’ll need to look at what injuries were caused and the damages they resulted in.

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Damages Caused by Medical Malpractice

When a medical mistake happens, it likely will lead to you suffering from injuries. That’s why it’s so important to note that being unhappy with your medical care is not the same as suffering from medical malpractice. When you’re dissatisfied with your care, you didn’t incur any injuries or suffer damages in any way. However, when a doctor is negligent and makes a mistake in your care, it could be considered medical malpractice if you suffered injuries and other damages caused by the mistake. If you experienced one or more medical errors listed above, you likely incurred injuries from the medical care provided. With documentation of the injuries, your medical malpractice lawyer can help you recover financial compensation for all damages. When calculating damages, there are certain aspects that your lawyer will look at to determine exactly how much you’re owed. The two different types of damages that you’re eligible for are economic and noneconomic.

  • Economic damages are the actual costs you suffered due to your injuries. Documentation and bills will be essential to help your lawyer calculate these damages. These costs include medical bills, treatment costs, and lost wages. Your attorney will also include future medical bills and lost wages if you need more medical attention and more time to heal before returning to work.
  • Noneconomic damages are more abstract costs from your medical professional’s mistake. These damages could be more emotional and mental rather than physical. Any pain and suffering, loss of enjoyment of life, or loss of consortium could be included in these damages.

Your Bentonville medical malpractice attorney will diligently review all your costs and other damages to determine the amount you are owed in compensation. They won’t let you settle for less than you deserve.

Statute of Limitations in Arkansas

Another important aspect of your medical malpractice claim is filing within the statute of limitations in the state of Arkansas. According to state code, a person has two years after the cause of action to file a claim against their negligent medical professional. When a foreign object is left in the patient’s body, the patient has one year from the date the object is found.

When the act of medical malpractice happens to a child who is under nine years old, they have until the longer of either two years or until their 11th birthday to take legal action. The statute of limitations can seem complex, so hiring a Bentonville medical malpractice lawyer is beneficial. We’ll be able to answer your questions and determine whether you’re trying to file within the next two years.

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McMath Woods Will Represent You

Experiencing medical malpractice can take a significant toll on your physical health as well as emotional and mental health. You shouldn’t have to endure the pain and other consequences of negligent medical care alone—the negligent healthcare worker should be held accountable for their actions. With the help of a Bentonville medical malpractice lawyer, you can do just that. Our attorneys at McMath Woods will fight to get you the compensation you deserve for what you’ve been through. In every case, we offer personalized legal counsel from one or more of our medical malpractice attorneys. We are as committed and supportive to our clients as we would be to our own family members. Reach out to our office today so we can start working on your claim as soon as possible. 

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