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How to sue for medical negligence

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Note: Sandra’s story is a fictional scenario presented to help illustrate an example of how a medical negligence lawsuit might unfold.  

What is medical negligence?

Medical negligence is a type of medical malpractice. It is a legal matter involving the harm a patient undergoes as a result of negligent behavior committed by someone on that person’s care team. 

In order to sue for medical negligence, you have to prove the following:

  • The provider owed the patient a duty of care.
  • The provider breached that duty of proper care.
  • The provider’s action or inaction caused the injury.
  • The patient’s injury resulted in significant damages.

Signs and symptoms

Medical negligence can manifest in many different ways. For example, if a patient in the hospital gets a bed sore because the nurse failed to properly prevent one, that patient can sue the nurse for medical malpractice since the negligence led to bodily injury. 

Other examples of medical negligence are as follow:

  • Sepsis
  • Dehydration
  • Preventable falls
  • Behavioral changes
  • Untreated symptoms
  • Delayed medical attention
  • Weight loss or malnutrition
  • Incomplete medical records
  • Poor hygiene and grooming
  • Misdiagnosis and lack of testing

Keep in mind that these symptoms and circumstances do not automatically indicate medical negligence. Perhaps these symptoms are a result of the patient’s self-neglect, and not the neglect of a care provider. Or, it is possible that no one is legally responsible for these symptoms. 

If someone goes without drinking water and becomes dehydrated, that is not the fault of a healthcare provider if no one in that person’s care team assumed the duty of care to keep the patient hydrated. 

It is also important to understand that abuse can happen due to negligent supervision. Maybe the provider was not negligent. Maybe the provider was in training and caused harm to the patient due to negligent supervision. This often happens in hospitals, nursing homes, and facilities that are short-staffed. The injuries can range from minor to life-threatening. 

When a patient dies as a result of medical negligence, it is known as wrongful death. A skilled medical malpractice attorney can educate you on your legal options when it comes to determining what happened, who is at fault, and how to sue the person responsible. We will go over each of those in this blog post so you understand your rights and how to protect the injured party. 

What happened? 

When you are seriously injured, it can sometimes lead to shock. A common first question is, what happened? 

Medical negligence can lead to a lot of grief and questions. This is why The Law Offices Of Craig L. Cook exists. We are here to help you figure out what went wrong. 

Who is at fault?

Determining who is at fault can involve gathering evidence. When we see signs of medical negligence, it is wise to document as much as possible. This includes photos, personal journal entries about the troubling experience, written opinions from experts in relevant fields, and medical evidence of neglect as documented by the patient, the patient’s loved ones, witnesses, or other healthcare providers. 

Here are some helpful questions to ask when determining who is at fault:

  • What is the patient’s provider responsible for?
  • Is that provider sufficiently fulfilling these responsibilities?
  • Was the injury the patient suffered due to a provider’s negligence? 
  • Did the patient’s injury result in death, pain and suffering, lost wages or medical bills?

A medical negligence lawsuit is a type of personal injury case. This means that the victim can seek compensation for bodily and monetary damages caused by a responsible party. 

Below, we will outline how to sue a provider for medical negligence. 

How do I sue the person responsible?

The first step in suing for medical negligence is to ensure your health and safety. If you are not receiving proper care by a medical professional or facility, it is within your right to explore other options. Once you are in a place where you can explore legal routes, we recommend the following steps:

  1. Report the neglect to the Arkansas Department of Human Services, the Arkansas State Medical Board, or the Arkansas Department of Health.  
  2. Communicate with the medical professional about your needs to see if the issue can be resolved. 
  3. Ask a lawyer for help as you begin the process of filing a lawsuit for medical negligence. You can book a free consultation with us!

Medical malpractice lawsuits can involve many stages, including a pre-filing investigation, filing and pleadings, discovery, pre-trial motions and hearings, settlement negotiations, a trial, and post-trial. A lawyer can help guide you through all of these steps. 

The Arkansas Medical Malpractice Act indicates the following:

  • A two-year statute of limitations from the date of the injury, with some exceptions
  • The burden of proof that lies on the plaintiff to establish that the provider’s breach of care led to injury, which led to damages
  • The damage award that can be reduced based on the defendant’s degree of fault, per the court’s assessment
  • The notice of claim, which requires physicians to alert the Arkansas State Medical Board of any malpractice claim or suit within 10 days of receiving it 

Sandra’s Story

Sandra was hospitalized for gallbladder surgery, during which a surgeon left a sponge in her abdomen. This caused bleeding in her upper gastrointestinal tract. Sandra suddenly was facing life-threatening consequences of a relatively low-risk surgery. 

Because the doctor was negligent, and his negligence proved to be the cause of Sandra’s condition that resulted in damages, she got a lawyer to sue the surgeon for not double-checking his work after removing her gallbladder. 

Sandra received a $1 million settlement due to the severity of the consequences and the certainty of his mistake. 

Conclusion 

Medical negligence is unfortunately a reality in many cases. This is why we are here to help you get the legal advice you deserve. 

We understand that dealing with health issues can be upsetting and tiring, especially when it could have been prevented. We have over 40 years of combined experience serving clients in Arkansas, and we specialize in medical malpractice. 

You deserve excellent care, and we are here to fight for your rights when that duty of care is breached. Contact us today to get started!