We often hope that we select the best doctors and health professional that will ensure we receive the best treatment available. Unfortunately, some medical practitioners may fail to give a patient the adequate care they need to recover from an illness. If you or a family member was injured due to medical malpractice by a hospital employee, you should consult with an experienced Fayetteville medical malpractice lawyer today. Ken Kieklak, Attorney at Law, is prepared to provide you with the legal representation you deserve to pursue compensation for your injuries. Fayetteville AR personal injury lawyer Ken Kieklak is here to explain how to sue a hospital in Arkansas.
Suing a Hospital for Negligence in Arkansas
Hospitals are obligated to provide patients with adequate medical care when treating them for injuries, illnesses, or other medical issues. When a hospital causes the patient to suffer an injury or is involved in some other issue that violates the standard of medical care required for patients, the hospital could be held liable for medical malpractice.
Medical malpractice can be committed by doctors, nurses, and other health professionals in the course of treating a patient. A hospital can be liable for the actions of these medical practitioners as they are operating as employees and representatives of the hospital. This means that negligent actions taken by a medical practitioner that occurs within the scope of their employment can be imputed to their employer.
Note, however, that a person that wishes to file for medical malpractice must first establish they were being treated by a doctor that worked at the hospital. This means that receiving informal medical advice from a doctor at a social event is not enough to show that the hospital that employs them could be held liable for negligence. Solid evidence like payment for treatment to a hospital or a previous appointment with a doctor can help a patient prove they had a doctor-patient relationship.
Once a claimant has shown that they have grounds to sue a hospital for malpractice, they must then prove how a medical practitioner acted negligently. To prove negligence, a plaintiff must prove the following elements:
- The hospital (defendant) owed a duty of care to the plaintiff
- The hospital breached that duty of care
- The breach of duty was the cause of the patient’s injuries
- The injuries or losses sustained by the plaintiff can be compensated by a court
All elements of negligence must be proven for a plaintiff to prevail in their claim. To learn more about common medical malpractice claims our firm handles, you should continue reading and speak with an experienced Arkansas medical malpractice lawyer.
Common Causes of Medical Malpractice
Medical malpractice can occur under a variety of circumstances. Many patients do not expect that the doctor they trusted could end up causing them to suffer a life-changing injury. Fortunately, an injured patient can pursue a doctor for a number of medical mistakes that amount to medical malpractice.
Birth Injuries
Doctors that are in charge of a mother’s pregnancy are obligated to provide a mother and her unborn child with adequate medical care before, during, and after delivery of the child. However, some doctors may fail to take precautions that could lead to a mother and her child being harmed. For example, if a doctor fails to diagnose and treat an infection that could cause a child to develop cerebral palsy, they could be held liable for medical malpractice.
Birth injuries could leave a child or a mother with lifelong medical issues, which is why it is important to hold a negligent medical practitioner accountable for their failure to render proper care.
Surgical Errors
Whether you are having a minor or major surgery, there is always a risk that an issue may arise during the procedure. There are a number of surgical errors that may befall a patient if their surgeon is not diligent during an operation. For example, if a doctor fails to count their medical instruments before and after surgery, they could leave an instrument inside a patient’s body.
Other common surgical errors include:
- Wrong side surgery like amputating the wrong limb during an operation
- Administering too much or too little anesthesia to a patient
- Making poor incisions that result in hemorrhaging or nerve damage
- Inadequate post-operative care that results in an injury
Medication Errors
Before prescribing medication to a patient, a doctor should be completely aware of a patient’s allergies and any other medications currently prescribed to a patient. This can help a doctor determine which medications may interact poorly with a patient’s body or with other drugs in a patient’s system. However, some patients may suffer adverse reactions because their doctor failed to account for other medications or allergies.
Adverse medication reactions are not the only type of medication errors. For example, a doctor could receive the wrong medication because a doctor made a mistake when writing the prescription.
There are other types of medical malpractice claims that our firm can handle for you.
Consult with Our Experienced Arkansas Hospital Negligence Lawyer Today
If you were the victim of medical malpractice, contact an experienced Fayetteville personal injury lawyer today. With about two decades of legal experience litigating complex injury claims, Ken Kieklak is ready to help residents of Arkansas hold medical practitioners accountable for their negligent actions. To schedule a free legal consultation, contact Ken Kieklak, Attorney at Law, at (479) 316-0438. You can also contact the firm online.