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Medical Malpractice Attorney in Fort Smith, Arkansas

Updated: Nov 8, 2023

Physicians, nurses, and medical support staff do incredible work to keep us healthy. Patients put their trust in their doctors and other caregivers. However, they are not perfect. What happens when a medical procedure is botched? What if you are prescribed the wrong medication? No matter how well-intentioned the physician was, if you suffer from any kind of medical negligence, you need a medical practice lawyer. Phil Votaw and Associates are personal injury attorneys who work on cases in Fort Smith and Northwest Arkansas.

How do I Know if I Have a Medical Malpractice Case?

In Arkansas, medical malpractice is technically “medical injury,” meaning you or a family member suffered adverse effects at the hand of a medical provider.

Let’s be honest: There is no guarantee a physician will cure any of us, and we shouldn’t expect that every time. But, what we can expect — and demand — is to receive a certain standard of care from medical professionals to avoid medical errors. Needless to say, if you suspect

You might have a medical malpractice claim if you suffered from a medical care provider’s negligence, error, or omission. This manifests in a number of ways.

Hospitals retain very expensive law firms, so you need someone on your side fighting for you and making sure attention is paid to all the details.

Medical Malpractice Horror Stories

Medical malpractice cases are not pretty. In fact, they’re downright horrifying and infuriating. We place our trust in medical professionals to help us when we are the most vulnerable. Most of the time, they perform the procedures without flaw. But, when things go wrong, the results are often catastrophic.

You likely have a case if you suffered from surgical errors. Maybe the physician amputated your good leg instead of the infected one (referred to as a wrong-site or wrong-side surgery), removed a healthy breast instead of the cancerous one, or some other similar action.

Some physicians and nurses have left medical instruments inside the bodies of patients after surgeries. Loved ones have suffered brain damage or wrongful death after anesthesiologists failed to follow established safety procedures.

Doctors have performed a medical procedure without informed consent, failed to diagnose a condition properly, prescribed a medication you are allergic to that was documented, prematurely abandoned treatment, and used improperly maintained equipment.

Medical malpractice lawyers, like the ones at Phil Votaw and Associates, are a valuable asset for you if your personal injury case involves a medical injury, negligence, or omissions.

These cases are very technical and will require testimony from a medical expert. You want a law firm that can find the kind of expert witnesses who can testify to your particular set of facts. You want them to not only be knowledgeable but also able to explain complex medical issues in a simple, straightforward manner so a jury can fully appreciate the damages you suffered through no fault of your own.

Can you file a medical malpractice lawsuit against someone other than a doctor?

Those who suffer medical injuries can file a lawsuit against a “medical care provider.” A suit is not limited to physicians only.Here is who is considered a medical care provider under the Arkansas Code:

  • Physician

  • Certified registered nurse anesthetist

  • Physician’s assistant

  • Nurse

  • Optometrist

  • Chiropractor

  • Physical therapist

  • Dentist

  • Podiatrist

  • Pharmacist

  • Veterinarian

  • Hospital

  • Nursing home

  • Community mental health center

  • Psychologist

  • A clinic, or not-for-profit home healthcare agency licensed by the state or otherwise lawfully providing professional medical care or services,

  • An officer, employee, or agent thereof acting in the course and scope of employment in the providing of such medical care or medical services.

What is the statute of limitations for medical malpractice suits?

Something you need to know if you are going to pursue a malpractice lawsuit in Arkansas is the statute of limitations is two years from the date of the event that has led you to seek legal action. Because these cases are complicated and complex, it is important for you to contact us as soon as possible if there is even a hint something didn’t go as planned.

What to show your medical malpractice attorney

In order to build a strong case, you will need to provide us with the appropriate medical records. We will work with you to ensure we have the records we need to prove what happened during your hospitalization or medical treatment.

What kind of damages are awarded in medical malpractice judgments?

If we are successful in proving you suffered a medical injury due to the failures of the medical care providers, then you can expect to receive monetary damages. These will include those that cover actual damages, like medical bills (past and potentially future), physical therapy bills, and wages you lost because you were unable to go to work.

There are other damages, for pain and suffering, diminished quality of life, disfiguration, and loss of future wages.

If you do not know if you have a medical malpractice case, call us now!

Medical care providers have an obligation to what is called a duty of care. This means they follow the proper medical standard and avoid causing medical injury through negligence. When they breach this duty of care, personal injury claims arise.

We understand medical malpractice cases are difficult and can take an emotional toll on you. After all, your physician is likely someone you have established a good relationship with. It can be challenging, which is why you need someone who is independent and will fight for you and your family for justice.

For this reason, call a personal injury lawyer in Fort Smith AR such as Phil Votaw and Associates today to see if you have a case. Don’t try to figure it out by yourself. Seek input from experienced personal injury attorneys who have faced these kinds of cases previously.

Remember, the clock involving the statute of limitations is winding down. You have two years from the date of the event. So, call Phil Votaw and Associates today to schedule a free consultation.

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