Medical negligence or malpractice is a serious danger to patients in not only Northwest Arkansas but to our nation as a whole. Our health system no doubt is one of our most valued asset. Most of us have a family physician who we have developed a wonderful relationship over the years.
Unfortunately the reality of our medical system is this: A recent study by the Institute of Medicine of the National Academy of Sciences estimated that as many as 98,000 patients may be killed each year in hospitals alone as a result of medical errors. However, fewer than one-half of 1% of the nation’s doctors face any serious state sanctions each year with 2,696 total serious disciplinary actions a year.
Our firm receives calls several times a week from people seeking information about what options they have after they or a family member has been injured or died. Unfortunately, only approximately 5 out of 100 of those phone calls ultimately becomes a case. Oftentimes, the hospital or doctor has done nothing wrong or the mistakes made were part of the risk of the treatment. We have found that clients are usually comforted knowing that there was no negligence which caused the injury. There are times however that clearly negligence has occurred and the client has a legitimate claim. In those situations, clients need to know several things right away.
The first and most important is that a patient must bring a medical negligence claim in Arkansas within 2 years from the date of the negligence. It oftentimes takes up to six months for an attorney to evaluate a claim because there is so much information that must be gathered and evaluated. Unfortunately many people decide too late to talk to an attorney. Other doctors are required to testify in all medical malpractice actions. Because of this these type of cases are often the most expensive when it comes to expert witness fees. That causes attorneys to look carefully at all cases. Another thing that may surprise clients is the fact that most malpractice actions are not settled and must be taken to a jury trial. It has been a very rare occurrence that these cases settle so it is critical that your attorney handle the case from the beginning as if it is going to trial.
The client must be in for the long haul. This can take two to three years. There are many other things that a client should know when considering filing a medical malpractice claim. If you think you have been injured by the negligence of a doctor, nurse or hospital, contact our attorneys who handle these type of claims for a free consultation.