Medical Malpractice
Visits to the doctor, surgery and other complicated medical procedures are rarely enjoyable for the patient. Sometimes, a doctor's decisions can mean life or death. Patients think highly of their doctors and expect them to exercise a high level of professional competence while treating their ailments.
Arkansas law requires that physicians reasonably apply and possess the same degree of skill and learning used by physicians in the same type of practice in the community in which the doctor practices or a similar community. Most doctors live up to this standard and their professional creed: "Do no harm." Every once in a while, however, physicians make mistakes which result in injury. While not all bad outcomes constitute negligence or subject the physician to liability, it is important that you have your case reviewed by an attorney if you believe malpractice has occurred.
The statute of limitations for medical malpractice in Arkansas is typically two (2) years from the date of the negligence. This means that even if the injury does not manifest itself until later, your claims will be barred, unless the case is filed less than two years from the date the physician committed the negligent act. There are exceptions to this rule and for this reason, you should immediately contact an attorney to discuss these issues if you believe you are the victim of medical negligence.
In 2003, the Arkansas Legislature decided to take away some of the rights previously granted to victims of medical negligence. The legislature succumbed to tremendous pressure from the insurance industry, wealthy corporations and, unfortunately, wealthy physicians. These groups convinced the legislature to take away malpractice victim's rights in favor of their own profits. Physicians backed the measure after being convinced that their medical malpractice insurance premiums would be lowered if "tort reform" was passed. Recently, the insurance industry indicated that it has "no immediate plans" to lower malpractice premiums, despite the representations made to Arkansas physicians.
As a result of the malpractice legislation enacted in 2003, it is more difficult than ever for medical malpractice victims to find justice. For years, malpractice plaintiffs have found difficulty obtaining complete medical records; overcoming juror bias that inherently favors physicians; breaking the "conspiracy of silence" which exists among medical professionals (physicians are hesitant to testify against one another, even in the most egregious cases); and explaining extremely complex medical principles to jurors.
The 2003 legislation adds to this difficulty by requiring a sworn affidavit by a medical expert (practicing in the same specialty as each defendant) that reasonable cause exists for the filing of the lawsuit, requiring the negligence to be established by a physician practicing in the same specialty as the defendant physician (even if the defendant physician committed the negligence while practicing outside of his specialty), limiting joint and several liability (which allows multiple culpable parties to be responsible for the entire harm), and requiring that future damages exceeding $100,000 be paid periodically, instead of in a lump sum.
Unfortunately, the 2003 legislation forces us to scrutinize the medical malpractice cases we accept even more closely. We may decline to represent clients whose cases we feel may not be successful or economically viable in light of the recent changes to medical malpractice law. As always, we reserve the right to decline any case for any reason. If you feel you may have a medical malpractice case, please call us immediately, so that we can begin the process of determining whether or not we can assist you.
|
