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Fort Smith Medical Malpractice Attorneys

After trusting your care to your doctor, you had every right to expect that your doctor would take reasonable measures to act in your best interest. When your doctor failed to provide you with the care you needed, however, that trust was broken. More than that, your doctor’s malpractice has likely impacted your health and well-being rather significantly.

At McCutchen Sexton Napurano – The Law Firm, our Fort Smith medical malpractice attorneys understand just how devastating the effects of medical malpractice can be, and we will do everything we possibly can to help you pursue legal action against the responsible party.

Medical Malpractice Claims in Fort Smith

Our Fort Smith legal team possesses the experience and resources that you will need to pursue any medical malpractice claim in Fort Smith, including those involving:

Medical malpractice is defined as the failure to apply the degree of skill and learning ordinarily possessed and used by members of the same profession. This may include errors on behalf of the following types of medical providers:

  • Doctors
  • Nurses
  • Medical Technicians
  • Health Care Providers
  • Hospitals
  • Clinics
  • Nursing Homes

It is not the duty of the medical provider to cure or guarantee a positive outcome for the treatment, but rather to provide a standard of care that is accepted by the medical community.  As such, a central aspect of establishing a medical malpractice claim will involve whether or not the provider caused damage by violating or breaching the standard of care.

Statistically, only a few bad doctors cause a majority of the medical injuries that occur.  It is those negligent doctors and supporting staff that contribute to skyrocketing medical costs.

Our Fort Smith legal team believes that the physicians with bad records should be sanctioned by the State Medical Boards and, if necessary, have their license revoked.  Additionally, we believe that patients should have access to physicians’ malpractice history in order to make informed choices.

Preventability of Medical Malpractice in Fort Smith

As you and your family struggle with the effects of your doctor’s malpractice, the preventability of your situation will probably become all too clear. In many cases, factors contributing to malpractice include: overbooked surgery facilities, overloaded schedules, and fatigue of doctors or other medical providers.

It is often hard to get the straight answers about exactly what happened. In some cases, medical malpractice may result from a lack of cooperation between the hospital, hospital staff members, and physicians.  As such, the facts may become clouded and vague—or, at least, they may not match your memory of the events.

Patients’ Rights Under the Emergency Medical Treatment and Active Labor Act (EMTALA)

In 1986, Congress enacted the EMTALA—codified at 42 USC §1395dd—in an effort to better protect the rights of medical patients.  EMTALA applies to any hospital that participates in the Medicare program and has an emergency room.

Under EMTALA, hospitals are required to provide appropriate medical screening, within the capabilities of the hospital, in order to determine whether an emergency medical condition exists. The request for examination may be made by the patient or by someone who is acting on their behalf.

According to the language used in the EMTALA, an “emergency medical condition” is understood to be any medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such as the absence of immediate medical attention could reasonably be expected to result in any of the following situations:

  • The health of the individual (or a pregnant female and her unborn child) will be put in serious jeopardy
  • Bodily functions will become seriously impaired
  • Any bodily organ or body part will become dysfunctional

Or, with respect to a pregnant woman who is having contractions:

  • There is inadequate time to safely transfer her to another hospital before delivery
  • The transfer may threaten the health or safety of either the woman or the unborn child

If a patient is determined to be suffering from an emergency medical condition, EMTALA also requires that the hospital provide—within the staff and facilities available—further medical examination and treatment as required to stabilize the medical condition. Alternatively, the hospital must transfer the patient to another facility.

However, hospitals are not permitted to simply transfer a patient to another hospital.  If the patient has not been stabilized, the patient—or someone acting on their behalf—must be informed of the transfer risks and must sign a certificate that attests to his or her knowledge that the benefits of transferring to another hospital outweigh the risks.

Once this certificate is signed, the transferring hospital must provide medical treatment to reduce any risks to the patient.  The receiving hospital must have the space and qualified personnel available for treatment.  Moreover, the receiving hospital must agree to the transfer and the required medical procedures. EMTALA requires any transfer be by qualified personnel using transportation equipment, including any life support systems if the situation calls for them.

EMTALA prohibits the referral of a patient to another facility and the requirement of advance payment in any situation that would result in a person’s inability to receive the examination and treatment for his or her emergency.

Protecting the Rights of Malpractice Victims in Fort Smith

Our Fort Smith attorneys are committed to upholding the rights of victims of medical malpractice as they seek compensation for the suffering they have been made to endure.  In support of our firm’s commitment to fight any legislation that attempts to reduce the rights of patients injured through medical malpractice, we have collected the following statistical data to further demonstrate the necessity of safety measures for medical practitioners.

A 2004-2006 study revealed 238,337 preventable hospital deaths in Medicare patients resulting from patient safety errors. This cost Medicare $8.8 billion dollars https://www.healthgrades.com/

An article published in the Journal of American Medical Association reveals more than 225,000 people die each year due to medical errors. Approximately 80,000 of these are related to infections in hospitals and more than 100,000 are due to medication errors or reactions a href=”https://jamanetwork.com/journals/jama”>https://jamanetwork.com/journals/jama

A report from the Institutes of Medicine show annual deaths resulting from a physician’s activity, manner, or therapy range between 230,000 to 284,000 https://www.mercola.com/

A report from the Institute of Medicine of the National Academies, shows as many as 98,000 patients die each year due to medical errors. http://www.iom.edu
In 2000, the World Health Organization considered 16 available health indicators, the United States ranked second from the bottom with an average of 12. https://www.who.int/publications/i/item/9789240690837

Despite the requirement that hospitals must report instances of peer reviewed disciplinary action concerning physicians at the hospital to the National Practitioner Data Bank (NPDB), in 2006 it was shown more than half of the Arkansas hospitals with active NPDB registration had never made a single report.

Chances are that five Americans will die every hour from preventable medical errors. There is less than a 50% chance that a medical malpractice payment will be made due to the error. (2009, Public Citizen Report)

There are between 380,000 and 450,000 preventable adverse drug events which occur in the United States hospitals annually. These numbers are believed to be underestimates.

Consult with a Medical Malpractice Attorney in Fort Smith

If your doctor failed to act in your best interests, you should speak with a Fort Smith medical malpractice attorney at McCutchen Sexton Napurano – The Law Firm about the legal action that may be available to you. To discuss the particulars of your case with one of our Fort Smith attorneys, please call our Fort Smith offices at (479) 783-0036 or take a moment to fill our one of our online contact forms.

Medical Malpractice FAQs

How do I know if I’ve been the victim of medical malpractice?

If your healthcare provider has acted in any way that does not meet the expected standards of someone in their position, and your well being has suffered as a result, then you may be the victim of medical malpractice. In order to prove that medical malpractice has occurred, three things must be true. The first is that a doctor-patient relationship existed between you and the medical professional. Next, you must be able to prove that the doctor did, in fact, act negligently. Lastly, you need to be able to prove that this negligence caused you harm, like a physical injury, mental anguish, or lost earning capacity. Some examples of medical malpractice include delayed treatment, misdiagnosis, surgical mistakes, medication errors, and more. If you believe you have been the victim of medical malpractice, be sure to contact an experienced attorney right away.

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

Yes, you can file a medical malpractice lawsuit against any type of health care professional. If any medical professional has jeopardized your health care through negligent or reckless actions, you may be in the position to pursue a medical malpractice case. You may be able to file a lawsuit against doctors, nurses, anesthesiologists, or a hospital in general. Some other professionals that are less commonly sued for malpractice include pharmacists, dentists, and physical therapists. Pharmaceutical companies may also be found liable for malpractice if they fail to warn doctors of potential health risks related to certain drugs, and patients end up suffering as a result.

What damages are recoverable in a medical malpractice case?

Recoverable damages for medical malpractice will typically, at a minimum, include compensation for the medical procedure in which the malpractice occurred, as well as any future follow-up doctor visits or medical procedures. You may also be in the position to recover damages for lost wages, loss of future earning capacity, pain, and suffering. If your doctor acted in an intentionally harmful manner, you may be able to recover punitive damages. If you have been the victim of medical malpractice, an attorney will be able to help you determine which damages you should pursue.

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The Importance of Car Seat Safety

The National Center for Injury Prevention and Control (NCIPC) discovered that in the United States… Read More

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Slow Down for Children

Last Thursday, December 11th, I was driving down Main Street in Arkoma, Oklahoma, when I… Read More

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7th Amendment

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Conservative Values

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Deer in the Headlights

Last Wednesday night, around 9:00 p.m., I was driving down Massard Road through Chaffee Crossing… Read More

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What Is “Full Coverage”?

When I sit down with a new client and ask the question, “Do you have… Read More

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Arkansas State Medical Board

When a complaint regarding malpractice or medical error comes before the Arkansas State Medical Board,… Read More

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Actions to Take After a Motor Vehicle Collison

According to the National Highway Traffic Safety Administration, an estimated 2.36 million people were injured… Read More

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Are You Properly Insured?

In a previous blog, I mentioned the importance of setting up an underinsured motorist (UIM)… Read More

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Unsecured Cargo in Arkansas

The National Highway Traffic Safety Administration (NHTSA) found that out of a total of about… Read More

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Cyclist Killed In Fort Smith Accident

On Saturday, November 8, 2014, a Fort Smith man riding his bicycle was killed after… Read More

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Do You Have Med-Pay?

Too many drivers in the states of Arkansas and Oklahoma do not carry “med-pay” coverage.… Read More

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Drowsy Driving

Almost everyone who has driven a car before has at some point in his or… Read More

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Trucks Take Tumble

As an experienced personal-injury lawyer, I know how dangerous eighteen-wheeler accidents can be. Recently in… Read More

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Preponderance of the Evidence

In the United States legal system, there are two standards of proof that must be… Read More

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Minimum Insurance Coverage in Arkansas & Oklahoma

Every automobile owner in Arkansas and Oklahoma is required to have liability coverage. Liability coverage… Read More

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Joey McCutchen has been hard at work putting together another top notch ATLA CLE

Joey McCutchen has been hard at work putting together another top notch ATLA CLE that… Read More

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Attorneys: Law Authorizes Polling City Directors On Agenda Items

Individually polling members of the Fort Smith Board of Directors regarding agenda items is authorized… Read More

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Attorneys McCutchen, Campbell join forces in new law firm

Two prominent attorneys who have been in the news in recent weeks and months due… Read More

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College Scholarship Recipients Announced

$39,000 in Coilege scholarship funding has been awarded through the 20142015 Fort Smith Boys &Girls… Read More

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Fort Smith sued over efforts to avoid board review of legal billings

A lawsuit filed Tuesday (July 1) is yet another twist in the question over legal… Read More

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Review suggests wide budget range for municipal legal services

Comparisons of legal billings among Cities similar in size to Fort Smith show mixed results,with… Read More

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The changing of the guard

Every year et our annual convention,the inevitable change in leadership is a bittersweet üme. Werking… Read More

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Boating Accidents Can Be Prevented

May 17-May 23, 2014 was National Safe Boating Week. It was observed on Arkansas lakes… Read More

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Opponents Of ‘Dark Money’ In Judicial Races Rally At Capitol

LITTLE ROCK – Fort Smith lawyer Joey McCutohen used a red Radio Flyer wagon as… Read More

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First Tort Reform, Now Court Reform, What’s Next?

Oliver Diaz was a Mississippi Supreme Court Justice. He was appointed to the Mississippi Supreme… Read More

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Joey McCutchen Elected Secretary/Treasurer of the Arkansas Trial Lawyers Association

LITTLE ROCK – Joey McCutchen of the was elected 2014-2015 Secretary/Treasurer of the Arkansas Trial… Read More

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Anytime is the perfect time to talk to children about safety

supports the Take 25 Campaign. During May 2014, Joey McCutchen and members of the will… Read More

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Boone County Concerned Citizens to Sponsor Fort Smith Attorney

Area residents desiring to learn more about obtaining information from governmental agencies—and nonprofit organizations which… Read More

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Insurance Company Abuse

In 2007, CNN published an article about abuse by the insurance industry. The article discusses… Read More

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The Benefits of Medical Payments Insurance

With this blog, I am providing information about medical payments insurance (which is included with… Read More

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Nursing Homes and the Arkansas Constitution

The U.S Constitution and the Arkansas Constitution must be honored, valued and defended at all… Read More

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Reducing Roadway Fatalities and Crashes of Younger Drivers in Arkansas

According to the Insurance Institute for Highway Safety, car crashes are the number one killer… Read More

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Does Your Dog Bite? A True Story of Dog Bite Liability

In the scene from the Pink Panther movie shown above, Chief Inspector Clouseau (portrayed by… Read More

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Backup Cameras Save Lives

In a recent ABC News report, safety advocate Susan Auriemma talked about the dangers of… Read More

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Listening as a Cure

Teen suicide is the third leading cause of death of teenagers. Sometimes we do not… Read More

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Don’t Get Bit

As a parent of two small boys, the scare of West Nile Disease is one… Read More

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DISTRACTED DRIVING NEEDLESSLY ENDANGERS THE PUBLIC

As a personal injury trial lawyer in Fort Smith, I am surprised each year when… Read More

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Tort Reform Violates U.S. Constitution and Our Right to Trial by Jury

H.R. 5- the so called Protecting Access to Health Care Act, passed the house on… Read More

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Help Stop Solicitation Madness

If you have been in a car wreck, you’ve probably gotten a mailbox full of… Read More

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Thank you for making Project Child Seat Safety 2012 a huge success!

This year’s event was a huge success. See our Facebook link for pictures. We look… Read More

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Hope United for Morgan Nick Foundation

Hope United was a fundraiser for the Morgan Nick Foundation on October 25, 2012. A… Read More

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What is Med Pay?

Med pay is called medical payments coverage on an insurance policy. This coverage will pay… Read More

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Talk to a Lawyer First for Your Own Safety

You’ve been injured in a wreck. Within two days, your phone rings. The caller claims… Read More

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We are here to help

When people are involved in a car wreck, they come to see an attorney, a… Read More

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Halloween Safety

Trick or Treating should be one of the great adventures of Halloween for kids! They… Read More

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The Golden Rule

In a recent interview for the Docket, a publication of the Arkansas Trial Lawyers Association,… Read More

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INSURANCE RUNNERS

When it comes to insurance attorney’s you can only be reminded of “The Runaway Jury”… Read More

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