What is medical malpractice?

Medical malpractice covers a broad range of circumstances, but it is essentially an act by a medical professional or medical entity that deviates from accepted standards of care and results in harm to a patient.

What constitutes a legitimate medical malpractice claim?

In order to prove medical malpractice, the following must be established:

  • The medical professional had an obligation to the patient
  • The medical professional breached that obligation with negligent, substandard care
  • That breach of duty caused the patient harm
  • There is a correlation between the breach of duty and the resulting patient harm

Who can sue for medical malpractice?

The individual who suffered harm or, if the victim is unable, a family member may file suit. Family members who lost a loved one due to suspected medical negligence are also eligible to file a wrongful death suit.

What should I do if I believe I’m the victim of medical malpractice?

Time is of the essence in medical malpractice cases, and it’s critical to preserve as much information related to your condition as quickly as possible. Steps to follow include:

  • Gather your medical records
  • Collect any related financial documents
  • Document the experience, including pictures and/or video of the injury as the situation demands
  • Contact the experienced medical malpractice lawyers at the Duncan Firm for a free case evaluation

What are examples of medical malpractice?

  • Failure to diagnose
  • Delay in treatment
  • Use of improper procedure
  • Medication/prescription drug errors
  • Wrong side/wrong site surgical errors
  • Surgical errors
  • Birth injuries due to medical negligence
  • Defective medication or medical products
  • Nursing home negligence

How does a jury determine if a medical professional’s actions were negligent?

A jury will consider the facts surrounding the circumstances of your individual case as a well as the testimony of other health care providers in the same field, who will state whether they believe the attending medical professional or medical entity such as a hospital followed standard medical practices or fell below the accepted level of care.

What compensation can I expect in a medical malpractice case?

Damages vary based on the individual circumstances of your situation, including the extent of harm, the nature of harm, and the level of negligence that caused you harm. Compensation in medical malpractice cases often includes money for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Disability
  • Rehabilitation/long-term care

If you believe you were a victim of medical malpractice or if you lost a loved one due to suspected medical negligence, please call the Little Rock, Arkansas, medical malpractice attorneys at the Duncan Firm at 877-638-6226 or complete the form on this page for a free case consultation.