How to File a Medical Malpractice Claim Against a Hospital in Arkansas

When you visit a hospital, you expect to receive appropriate medical care and to be on the path to recovery. However, if you leave the hospital in worse condition than when you first entered, you may be eligible to file a medical malpractice claim against the hospital and seek financial recovery for your damages.

Examples of medical malpractice that may occur at a Little Rock hospital

Medical malpractice can occur in various ways in a hospital setting. However, it can be difficult to identify that you are a victim of medical malpractice. The reason for this is because patients usually trust their doctors and any other medical staff members to provide the best medical advice and treat them to the best of their ability. Therefore, when doctors fail to provide adequate healthcare, patients typically do not seek a second opinion. Here are a few different examples of medical malpractice that may occur at a hospital:

• Medication errors: Medication errors occur when a medical provider gives a patient the wrong medication or dosage. For example, if a doctor orders a medication that a patient is allergic to without checking their medical history information, the patient may suffer a severe allergic reaction due to the doctor’s medication error.
• Surgical errors: Surgical errors occur when a surgeon makes a mistake during surgery. For example, if a surgeon operates on the wrong body part, leaves a medical instrument inside a patient’s body, or fails to properly stitch the patient up, these are considered surgical errors. No matter how small or major a surgical error may seem, these types of mistakes can lead to life-threatening consequences.
• Diagnostic errors: Diagnostic errors can be a misdiagnosis or a delayed diagnosis. When you are injured or sick, you expect a quick and accurate diagnosis. However, if a doctor fails to diagnose you in a timely manner or even gives you the wrong diagnosis, your medical condition may become worse, resulting in life-long complications.
• Birth injuries: When a person is pregnant or giving birth, it is the doctor and medical staff’s responsibility to monitor her and the unborn baby for any signs of stress or health problems. If a doctor or medical staff member fails to take the proper precautions, warn the pregnant mother of any complications, or take action when a health issue arises, they could be held responsible for medical malpractice.
• Anesthesia errors: A person who undergoes a medical procedure or surgery usually needs anesthesia to put them to sleep. However, if the patient wakes up during the procedure or surgery, develops an illness or allergic reaction, or has trouble waking up after the procedure or surgery is complete, the anesthesiologist may be liable for medical malpractice.

Six steps to take to successfully file a medical malpractice claim against a hospital

There are certain steps you must take to successfully file a medical malpractice claim against a hospital. Therefore, if you believe that a doctor, nurse, radiologist, surgeon, or any other medical provider failed to provide you with the standard of care and you would like to hold the hospital accountable, you will need to follow these six steps:

1. Ensure that negligence is a factor in your case: The first step you should take is to make sure that negligence can be established in your case. This involves looking at the facts of your case and determining that the hospital owed you a duty of care, they violated their duty of care, you directly experienced an injury or a medical condition or it became worse, and you suffered damages as a result. Hospitals have a responsibility to treat patients who are sick and injured. Therefore, if they fail to do so or employ providers who fail to do so, there is a strong possibility that you can prove that the hospital was negligent in your care.
2. Request all your medical records and reports: Next, you will need to request all your medical records and reports from the hospital that harmed you as well as any other medical facility that treated you. These records are extremely important as they show when and where the medical malpractice occurred, what happened, and how it has affected your health and well-being. Some of the different types of medical records and reports you should request are emergency room documents, hospitalization documents, doctor’s notes, lab results, nurse’s notes, medication history and records, discharge documents, imaging results, and more.
3. Collect other pieces of evidence to support your claim: While medical records and reports are critical to your case, they are not the only piece of evidence that you need. You must also collect any photos, videos, journal entries, medication bottles, bills, receipts, and anything else that you think may be beneficial to your claim. The goal is to provide convincing evidence that will support your claim and prove your side of the story.
4. Hire a Little Rock medical malpractice attorney: Medical malpractice cases can become very complex and difficult. Therefore, in order to receive the best legal advice and increase your chances of obtaining compensation to cover your losses, it is a good idea to hire a Little Rock medical malpractice attorney as soon as possible. They will help you navigate the entire legal process as well as ensure that you meet all necessary deadlines and never make mistakes that could jeopardize your case.
5. Find witnesses to provide statements and testimony: There are two different types of witnesses that can strengthen your medical malpractice claim, which are eyewitnesses and expert witnesses. An eyewitness can be anyone who saw the malpractice occur or the effects of it. For example, you may use your spouse as an eyewitness who saw the care you received in the hospital emergency room, and you may use your caregiver as an eyewitness who saw the daily struggles you went through after the malpractice. An expert witness is a professional with some type of background or knowledge in a certain subject related to your case. This can be a doctor, nurse, or another medical professional who can provide insight and clarification into what went wrong and how it negatively impacted your life.
6. Make sure you still have time to file a claim: In Arkansas, you have two years from the date of medical malpractice to file a claim. Therefore, before you file a claim against the hospital, you should ensure that you are within the two-year timeframe. If you continue to put this off, you could lose out on ever being able to hold the hospital accountable and receive much-needed compensation to cover your damages.

Little Rock General Hospitals

• Arkansas Surgical Hospital
• Arkansas Heart Hospital
• Baptist Health Medical Center-Little Rock
• CHI St. Vincent Infirmary
• UAMS Medical Center
• Arkansas Children’s Hospital

If you or a loved one were the victim of medical malpractice at a hospital, please do not hesitate to get in touch with a Little Rock medical malpractice lawyer from Bailey & Greer right away. We know and understand how medical malpractice cases work, and we will work tirelessly to protect your legal rights and secure the best outcome possible for your case. Call our office or submit our contact form to schedule a free consultation to learn more about how we can assist you today.