We often put our trust in doctors, nurses and healthcare providers for our medical treatment. We know that they are experts in their field and we rely on their expertise to make us well. However, doctors and healthcare providers can make mistakes. And sometimes they fail to diagnose, give improper medication, or neglect their duty to treat and care for the patient causing further harm, injury or even death. These incidents fall under medical malpractice.
At Bautista Leroy LLC, we handle all the legal work to pursue your claim against medical malpractice. If you have been a victim of a hospital's negligent care, we understand how this piles up as another burden for you and your loved ones. For decades, we have represented many medical malpractice victims in Bentonville, Arkansas and have successfully pursued the compensation and justice they deserve.
Call us at 479-208-6614 or visit our Contact Us page to schedule a consultation.
What is Medical Malpractice?
Medical malpractice happens when a healthcare provider does not perform the required standard of care when treating a patient. And because of this, a patient may be injured or even die. The “standard of care” required here is supposed to be the level of care that a competent healthcare provider should have provided based on their training and experience but has failed to provide. It could be professional negligence or substandard treatment.
Not every negative result in a medical procedure is caused by medical malpractice. There are known risks for every procedure. However, when a medical error that resulted in harm or death could have been prevented, a healthcare provider or a hospital may be sued for medical malpractice.
To prove that a medical malpractice has occured, it is important to provide the medical records, test results, and expert testimonies to show how it impacted your health.
Statute of Limitations: When Can I File My Claim?
If you believe you've been a victim of medical malpractice, don't wait too long to decide. In Arkansas, the patient is given two years from the time the wrongful act happened to file a claim for medical malpractice. This applies for most medical malpractice cases.
There are exceptions, however, for cases where it is difficult or impossible for a patient to be aware of the malpractice. The most common example is when a surgical instrument or foreign body was left inside the patient's body. The deadline for filing a claim is different. In such cases, the patient may file the claim within two years from the date when the foreign object was discovered.
Missed the deadline? Then you may be barred from filing your medical malpractice claim by the court. So do not delay in reaching out to an experienced lawyer for help and legal advice.
Types of Medical Malpractice
1. Misdiagnosis
This happens when a doctor fails to recognize the real medical condition of the patient. We often hear about heart attacks being misattributed to indigestion, especially in young women. Misdiagnosis could worsen the current condition of the patient. It could lead to prescribing the wrong medicine or a treatment that does not address the real condition. If the real condition is left untreated because of the incorrect diagnosis, it could lead to more complications or even death.
For misdiagnosis to qualify as medical malpractice, you must prove that your doctor has failed to meet medical standard of care, and demonstrate that this failure has resulted in injury. .
2. Delayed Diagnosis
If your doctor failsto diagnose your medical condition in a timely manner, it might lead to delayed treatment of your medical problem. And this could harm you or worsen your condition.
This can happen when a doctor has overlooked symptoms, misinterpreted test results, or there is poor communication between healthcare providers. This can lead to severe consequences, higher treatment costs, and long term injury. Pressure injuries (commonly called “bedsores”) caused by prolonged stays in a hospital bed in a supine position, for example, are preventable provided the medical providers diagnose them early and order a turning and repositioning schedule for the patient.
3. Medication Errors
There are times a doctor might prescribe the wrong medicines or the manner it is taken. For these, the patient might suffer adverse effects especially when the drugs interact with other medications of the patient.
There are three common types of medication errors: dispensing incorrect medication, miscalculating a dose, and failing to identify drug interactions and contraindications.
You need to prove that the doctor is negligent by giving you an incorrect prescription for them to be liable. Note that pharmacies may be liable as well if they mislabel the type or dosage prescribed by the doctor.
4. Surgical Errors
These are preventable errors in surgical procedures that caused harm to the patient. The most common examples are:
- Wrong-site injury
- Wrong procedure
- Puncturing of a nearby organ
- Unsterile surgical instruments
- Medical instrument left inside the patient's body
- Inadequate aftercare
Generally speaking, you need to prove that the error would not have occurred in a regular surgical procedure for you to have a case for medical malpractice.
5. Birth Injuries
These are careless mistakes of the OBGYNs or other medical professionals during the delivery of the newborn. Because of this negligence, the baby or the mother is harmed. Birth injuries, which are usually catastrophic, include:
- Brain damage
- Skull fractures
- Spinal cord injuries
- Intrauterine fetal demise
- Newborn jaundice
- Cerebral palsy
6. Anesthesia Errors
This is harm to the patient caused by a preventable mistake during the administration of anesthesia. Some examples of these negligent errors are:
- Error in dosage
- Faulty equipment
- Failure to recognize anesthesia complications
- Dangerously prolonged sedation
- Delayed administration of anesthesia
- Negligent patient monitoring
7. Hospital Negligence
These are hospital practices that are below what is required and expected of a hospital. Some of these are:
- Understaffing
- Hiring unqualified nurses
- Systemic issues in policies
- Unmaintained equipment and facilities
- Emergency room errors
- Poor sanitary conditions
When Do You Have a Medical Malpractice Case?
To successfully pursue a medical malpractice claim, you must prove that the following elements exist:
-
Duty of Care
You must prove that there is a doctor-patient relationship for the treatment of your medical condition. -
Healthcare Provider's Negligence
The healthcare provider's conduct is below the accepted standard of care. -
Causation
Their negligence is the direct cause of your injury or death of the patient -
Damages
You have suffered actual harm as a result of the said negligence. These include:
-
- physical pain
- additional surgeries, therapy and medical expense
- lost income
- long-term disability
What Compensation Can I Recover?
Because of the harm caused by the negligence of the healthcare provider, you may recover compensation for the following:
- Medical bills (past and future)
- Physical pain and suffering
- Loss of earning capacity and wages
- Emotional distress
- Disability or disfigurement
- Loss of consortium (impact on relationships)
- Damages for wrongful death (in case of death of the patient)
Each case is different. The amount of your claim is also based on different factors. Our team at Bautista Leroy LLC collaborates with medical and financial experts to calculate the extent of your losses and get you the maximum possible compensation.
Call us today at 479-208-6614 or visit our Contact Us page if you need help with recovering claims for medical malpractice. Our attorneys at Bausta LeRoy are here to help.
Why Choose Bautista Leroy LLC?
Filing for a medical malpractice claim is a complicated matter. Hospitals and insurance companies have their own resources and legal teams to protect them from all these types of litigation. You shouldn't be left behind. You deserve someone on your side who has the legal knowledge and experience to fight for your rights.
Here's what sets us apart:
✅Proven Results
We have recovered millions in damages through settlements and court verdicts.
✅Medical Knowledge
We collaborate with medical professionals closely to develop evidence-based cases.
✅Compassionate Service
We understand how hard it is to suffer from the effects of the negligence of healthcare providers. We listen and care. This is why we offer our assistance throughout the process.
✅No Fee Unless We Win
Our law firm works on a contingency fee basis. You don't need to pay up front. You owe us nothing unless we have recovered the compensation for you.
Call us at 479-208-6614 or visit our Contact Us page to schedule a consultation.
Summary
Medical errors can be fatally dangerous for a patient. What should have been a step toward recovery may instead lead to health complications. Medical malpractice can change the life of an individual, as it can possibly worsen the condition of a patient. This usually happens due to the failure of medical professionals to provide a standard of care. Common examples include:
- Misdiagnosis
- Delayed diagnosis
- Medication errors
- Surgical mistakes
- Poor surgical aftercare
- Birth injuries
- Anesthesia errors
- Hospital understaffing
- Unsafe conditions
The affected patient has the right to seek compensation through legal action. They can successfully do this with the help of a medical malpractice attorney. The Bautista LeRoy LLC has been representing patients in Arkansas. We understand the devastation one might feel when they suffer from malpractice. That is why we strive to fight for maximum compensation and hold the powerful medical professionals accountable. There are key elements that must be proven to strengthen a claim:
- Doctor-patient relationship
- Breach of standard care
- Direct cause of harm
- Actual damages occurred
The Bautista LeRoy LLC is ready to guide you in this journey. You do not have to deal with the legal challenges alone. Contact our medical malpractice attorneys through www.bautistaleroy-bentonville.com or 479-208-6614.
Can I file a medical malpractice lawsuit against the hospital and doctor?
There are cases where the hospital could also be held responsible under vicarious liability. They can be liable for actions that contributed to the patient's harm:
- Poor staffing
- Lack of proper training
- Unsafe facilities
- Defective equipment
What types of cases are considered medical malpractice?
- Misdiagnosis
- Delayed diagnosis
- Surgical errors
- Medication errors
- Birth injuries
- Anesthesia errors
- Failure to treat
- Lack of informed consent
- Hospital or facility negligence
Do I need the help of a medical malpractice attorney right away?
It is ideal to have the assistance of an attorney sooner. The earlier they review your case, the easier it is to preserve evidence and prove malpractice.
How exactly can a medical malpractice attorney help me?
An attorney can help strengthen your case and represent you in negotiation and litigation.
- Check a valid case
- Review medical records
- Work with medical experts
- Handle insurance companies
- Calculate damages
- File paperwork and meet deadlines
- Represent you in court
How does a medical malpractice attorney's fee work?
Many attorneys who specialize in medical malpractice work on a contingency fee basis. A legal expert only receives a percentage if the case is successful.
What are the best steps to take if I think I may have a medical malpractice case?
- Get medical care
- Request your records
- Write everything down
- Keep receipts and bills
- Avoid signing anything
- Do not discuss publicly
- Follow treatment plans
- Contact an attorney
