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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.


How Does Fatigue Affect Truck Accidents?

Truck driver fatigue is one of the most frequent causes or contributing factors to truck crashes. Fatigue or drowsiness can significantly impact a truck driver’s ability to safely operate their vehicle. Driving a large truck or 18-wheeler requires a truck driver’s full attention and skill. Unfortunately, due to the demands of their jobs, truck drivers… Read More

What Documents Do I Need for My Personal Injury Case?

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Five Ways to Prove a Brain Injury

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Why Posting on Social Media After an Accident Can Hurt Your Case

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How Are Truck Accidents Different from Other Auto Accidents?

Whether you’re involved in an accident with a small car, SUV, or large truck, you could suffer injuries. However, commercial trucks often cause more significant property damage and physical injuries during collisions. The results of an accident involving a tractor-trailer or another large truck can be catastrophic. Many victims required emergency medical care and ongoing… Read More

Why Is the Black Box Important in Truck Accidents?

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FOIA Complaint Brought Against the Fayetteville Public School District

Attorney Joey McCutchen appeared on Conduit News earlier this month to discuss the FOIA lawsuit he has filed on behalf of a client. You can view the video below:

FOIA Suit Filed Against Fayetteville Public School District

On June 25, 2021, Attorney Joey McCutchen, joined by Attorney Chip Sexton and Professor Robert Steinbuch, a co-author of The Arkansas Freedom of Information Act (considered by most attorneys to be the definitive treatise on the Arkansas Freedom of Information Act) filed suit in Washington County Circuit Court against the Fayetteville Public School District on… Read More

Joey McCutchen files complaint against city following removal of flag display

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Salvation Army Kettle Bell Drop Offs

The Salvation Army’s Red Kettle Campaign helps needy people get the food and shelter they need during the holiday season. is proud to announce that our office will be a drop off location on November 6th, from 8AM – 5PM to collect Kettle Bell donations. View more. For more information about the Salvation Army Fort… Read More

Arkansas Freedom of Information Act Seminar Scheduled

It is vital in a democratic society that public business be performed in an open and public manner so that electors may be advised of the performance of public officials and of the decisions that are reached in public activity while those officials are making public policy! The Arkansas Freedom of Information Act (FOIA) was… Read More

Multiple-Vehicle Accident on Interstate 540 Near Van Buren Kills Three

The team at would like to remind you to use caution and warn your family and friends that there will be lane closures over the river between Fort Smith and Van Buren after a multiple-vehicle accident has caused lasting lane closures near the Arkansas River bridge.  Whenever lanes are closed for construction or after serious… Read More

Mother of teen hit by distracted driver speaks out

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Safety Hazards on Gas Well Rigs

Workers who are involved in oil and gas well drilling and servicing understand that they have a high-risk occupation, and accidents on the job site may result in serious injury or death. It is the responsibility of drilling companies, service companies, contractors, and the employees themselves to recognize and control hazards to prevent unnecessary injury… Read More

Distracting Driving Safety Program’s Poster Contest Winners

This week our law firm will be presenting awards for our Distracting Driving safety program’s poster contest. Today we spotlight Fairview Elementary School. A special thanks to their outstanding Principal, Peggy Walter, the 6th grade teachers and students. Judges from our community were invited to select the winning posters. Drum roll please….. 1st Place: Shane… Read More

McCutchen Sexton Napurano – The Law Firm Partners with Families Against Distracted Driving

The car accident attorneys of have partnered with Families Against Distracted Driving (FADD). FADD began on July 1, 2014, after Grant Pyle was involved in an automobile accident with a distracted driver in Magnolia, Arkansas, leaving him paralyzed from the chest down. The group advocates against distracted driving. and FADD are holding a Distracted Driving… Read More


One of the hallmarks of a democratic society is that it promotes respect for the public’s right to know about governmental affairs! It is vital in such a society that the public’s business be transacted in an open and transparent manner.  It is the right of citizens in a free society to be advised of… Read More

McCutchen Sexton Napurano – The Law Firm sponsors new scoring table for Darby Junior High

In a joint effort with Weichert Realtors, has helped sponsor a new digital scoring table for athletic events at Darby Junior High. The new table will be used during basketball and volleyball games, as well as other sporting events and tournaments hosted at the school. Click here for more information.

Joey McCutchen featured in opinion piece in the Northwest Arkansas Democrat Gazette

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In the News: Attorney McCutchen featured in opinion piece on Arkansas Online

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Immediate Steps You Should Take Following a Sexual Assault

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Groups Most at Risk for Sexual Exploitation

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Distracted Driving Safety Program Concludes With Great Success

An awards ceremony was held at the Immaculate Conception School to conclude the annual Distracted Driving Safety program. Joey McCutchen and Debra Mathis met with the students on April 17 and want to send a special thank you to Ms. Blentlinger, Ms. Hill, and Ms. Maestri for presenting the firm’s associates with the chance to… Read More

ATLA Members Volunteer to Help Pocahontas Flood Victims

Several members of the Arkansas Trial Lawyers Association (ATLA) came together last week to help victims of the Pocahontas flood. Over 150 homes were completely destroyed following the intense storms and flooding in Arkansas and Missouri the first week in May. After the levee on the Black River broke, the situation intensified, and many families… Read More

McCutchen Sexton Napurano Founder Receives Advocacy Award

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Common Causes of Limb Loss

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Joey McCutchen Named Arkansas Trial Lawyers Association President

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Judge Denies Ecclesia College’s Motion to Dismiss

After former Springdale state representative Micah Neal pleaded guilty to receiving kickbacks from Ecclesia College, three more individuals were indicted on several accounts of wire fraud, mail fraud, and money laundering. Ecclesia is a private institution that has received nearly $700,000 of public taxpayer money through the Arkansas General Improvement Fund. Representative Neal helped to… Read More

Update on our Distracted Driving Awareness Campaign

Fairview Elementary Students Rock their Anti-Distracted Driving Projects Distracted driving is a national epidemic made worse in recent years by the increased use of technology and mobile devices in vehicles. In the process of changing their music, searching the internet, making phone calls, and texting, drivers cause collisions that can result in serious injuries and… Read More

Dallas Neurosurgeon Faces Life in Prison after Serial Acts of Medical Malpractice

In a unique case of medical malpractice, a jury indicted Dallas neurosurgeon Christopher Duntsch on numerous counts of aggravated assault with a deadly weapon, and subsequently convicted him of causing great bodily harm to an elderly woman. In the court proceedings, prosecutors presented evidence of Duntsch committing serial acts of reckless surgical work and malicious… Read More

Video explains falsehoods behind tort reform

The tort reform movement often turns to the well-known McDonald’s “hot coffee lawsuit” as an example of what it would claim are frivolous personal injury suits that clog up the courts and make people rich for hurting themselves. This is a harmful myth that turns the public against its own interests. The narrative that the… Read More

Man gets 25 years for leaving the scene and manslaughter charges

Hot Springs, Arkansas resident Brett Alan Emmett was sentenced to more than 25 years of imprisonment after making a guilty plea on Tuesday, January 10 in Garland County Circuit Court. His charges include manslaughter and leaving the scene of an accident involving personal injury or death. The convictions relate to a ht and run that resulted in… Read More

One dead and two hurt in Independence County three-vehicle collision

A three-vehicle collision in Independence County, Arkansas resulted in the death of one individual and the serious injuries of two others. The accident happened around 3 in the afternoon on Tuesday, January 3 along Highway 167 South. The victim was identified as 67-year-old Batesville resident Paul Howard Teague and the injured were identified as 24-year-old Batesville… Read More

McCutchen Sexton Napurano – The Law Firm files Arkansas Freedom of Information Complaint

has filed an Arkansas Freedom of Information Act (AFOIA) complaint against the Fort Smith School District and the Fort Smith Public Schools Board of Education. In response, the defendants filed a motion to dismiss (MTD) the complaint. The plaintiff, June Bradshaw, disagrees with the MTD and submitted a response through our attorneys. You can see… Read More

Petsmart Pays for Not Reporting Faulty Fishbowls

Between August 2011 and January 2014, Petsmart received at least 19 reports of fish bowls cracking or shattering from normal use. Serious injuries occurred in 12 of these cases, including severe lacerations and torn tendons that required surgery or stitches. Petsmart sold these fish bowls in their stores from March 2010 through September 2013, for… Read More

U.S. physicians found to still be overprescribing drugs – study

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Wal-Mart found not guilty in spare tire fatality

The Los Angeles Superior Court jury in California decided that Bentonville, Arkansas-based retail company Wal-Mart Stores, Inc. was not guilty of any wrongdoing in the death of 55-year-old Lancaster resident William Akins. Akins was killed in a July 24, 2012 rollover accident on state Highway 58 when his spare tire failed. According to Akins’ lawyers, Wal-Mart… Read More

Former NFL players seeking workers’ compensation benefits for CTE

Tony Gaiter, along with 141 fellow former National Football League players, are seeking workers’ compensation benefits for brain injuries – specifically Chronic Traumatic Encephalopathy – they sustained while playing football. They filed a federal lawsuit last Monday, November 21 in Fort Lauderdale against the league. Gaiter, now 42, who was a punt returner and wide… Read More

Hit-and-run driver causes death of senior citizen

A pedestrian was struck at the intersection of Thompson and Bailey in Springdale in Washington and Benton counties, Arkansas on Thursday, November 3 at around 6:45 p.m., causing his immediate death. The victim was identified as 62-year-old Cruz Gonzalez. He succumbed to his mortal injuries and died at the scene of the accident. Police investigators… Read More

One dead in Fayetteville hit-and-run collision

The Fayetteville Police Department took 33-year-old Sergio Rodriguez into custody last Tuesday, November 8 as the primary suspect in a hit-and-run collision. The Washington County accident happened near Crossover Road and Zion Road in Fayetteville around 8 p.m. last Sunday, November 6. According to Sergeant Craig Stout, the accident involved two people on a scooter… Read More

Gasoline Pipeline Explosion Kills Pipeline Worker

On November 1st, a Colonial Pipeline CO pipeline was compromised and proceeded to catch fire, injuring seven of the nine workers present at the time and killing one. The crew was conducting maintenance on the pipeline after it leaked in September. Reports indicate that they struck the pipeline with a track hoe, igniting the gasoline.… Read More

Joey McCutchen discusses tort reform amendment in ATLA Docket

This election day, Arkansans were set to vote on an amendment to the state’s constitution that would have allowed the state legislature to impose limits on non-economic damages in medical malpractice cases and limit attorney contingency fees to one third of the total amount awarded. The proposed amendment met resistance from the Arkansas Bar Association,… Read More

Three-vehicle collision kills one, injures four

Live Oak, Florida resident Ronald Arthur Smith lost his life during a three-vehicle collision. Four other people sustained injuries during the accident, which occurred near the intersection of U.S. Highway 90 and 89th Road. The accident took place around 5:20 p.m. on Tuesday, October 25, in Suwannee County According to preliminary reports from the Florida… Read More

Carroll County Jail settles wrongful death lawsuit with family of victim

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Police authorities see no evidence of driver in California bus crash

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Samsung Note 7 Replacement Phones Still Catching Fire

Early on in September, Samsung was forced to recall the Note 7 following reports of several instances of their flagship device spontaneously catching fire. Shortly after reports of the product defect went viral, Samsung claimed to have found a solution and was ready for customers to trade in their device for a replacement. Just days… Read More

Samsung’s Galaxy Note 7 smartphones banned from U.S. airline flights

South Korea-based Samsung Group’s Galaxy Note 7 devices – which are known to spontaneously combust and catch fire – are now banned from airline flights within, to, and from the United States. In a statement, Samsung said that it has “encouraged airlines to issue similar communications directly to passengers.” Samsung Galaxy Note 7 smartphones were… Read More

Samsung sued because of defective washing machines

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Settlement money for Orlando nightclub shooting victims distributed this week

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Ashdown man charged with negligent homicide, leaving the scene

Thirty-one-year-old Ashdown, Arkansas resident Mark Merrell, who was charged with negligent homicide and leaving the scene of an accident involving personal injury or death – both felony charges – in relation to a crash that took place on May 20, 2015 at around 9:40 p.m., will commence his trial on Monday, September 26 in the… Read More

Arkansas jury awards crash victim $1.2M

After an eight-day trial following a multi-year legal battle, an Arkansas jury ordered South Korea-based Hankook Tire Co. Ltd. to provide $1.2 million to the 76-year-old dump truck driver Elmer Philpot. Philpot suffered leg fractures that required hip replacement due to a tire tread defect. According to court documents, Philpot was driving a truck that carried a… Read More

Arkansas policeman sues Glock after accidentally shooting himself

Cherry Valley Police Department Officer Larry Jones filed a $75,000 personal injury lawsuit against Austrian gunmaker Glock after he accidentally injured himself with a Glock 19C pistol. According to the final scheduling order released during the third week of August, the jury trial for the case will begin on August 21, 2017 in a federal court in… Read More

Joey McCutchen Serving as President-Elect of the ATLA

Joey McCutchen of is now President-Elect of the Arkansas Trial Lawyers Association (ATLA). The ATLA was incorporated in 1963 and focuses on improving the effectiveness of legal representatives in the state. It offers continuing education to members as well as information sessions for the public. ATLA members practice all sorts of law, including workers’ compensation,… Read More

Man dies in Crawford County two-vehicle collision

Arkansas State Police have reported Fort Smith resident Matthew Choate, 24, lost his life when his vehicle collided with that of an Arkansas state trooper on Interstate 40. The accident occurred near the interchange between Van Buren and Alma on Monday, August 8 at around 3:40 a.m. Choate was driving the wrong way on the… Read More

GM’s Mary Barra speaks on defective ignition switch in deposition

The chief executive officer for Detroit-based automaker General Motors admitted to jurors at a Texas trial last Monday, August 15 that the company was not able to designate a flawed ignition switch as a safety issue. According to an article of Bloomberg Technology, the statements of Mary Barra come in relation to multiple deaths and injuries… Read More

Mother wins $53 million medical malpractice case

Following a 12-year malpractice case against University of Chicago Medical Center, a Cook County jury decided to grant $53 million to Lisa Ewing, the mother of a child born with severe cerebral palsy. According to the case, the negligent circumstances surrounding the birth of Ewing’s son, Isaiah, lead to the in utero hypoxia, or lack… Read More

Arkansas is 12th safest state for elderly drivers

A new study released by senior care website Caring.com showed the state of Arkansas is the 12th safest state for elderly drivers. According to the report, 17% of individuals who lose their lives in Arkansas vehicle accidents are 65 or older. That age group comprises only 16% of the total population in the state. Arkansas, incidentally,… Read More

Two-vehicle collision hurts three

A two-vehicle collision that happened at around 4:31 p.m. on Monday, July 11 at the intersection of East 32nd Street with the off-ramp for the northbound Interstate 49 lanes in Joplin, Arkansas resulted in injuries of an undisclosed nature for three individuals. According to preliminary investigations made by the Joplin Police Department, 39-year-old Joplin resident… Read More

Arkansas vehicular accidents kill two

A man lost this life on Saturday, July 30 and a woman was killed on Sunday, July 31 during vehicular accidents on Arkansas roads, the Arkansas State Police reported. An 83-year-old Bella Vista, Arkansas resident Anita Riddell succumbed to fatal injuries last Sunday after her car collided with a 2007 Ford Mustang along U.S. Route 71… Read More

Fireworks Set Fayetteville House on Fire

In the wake of this summer’s Fourth of July festivities, a home of four men burned down on the morning of July 5. The four men are all safe and accounted for, and each received only minor injuries. Unfortunately, the home’s dog died in the fire. At the time of the fire, the four men… Read More

Jackson County three-vehicular collision kills one, hurts three others

A three-vehicular collision in Tuckerman, Arkansas at around 1:36 p.m. on Thursday, July 15 caused one man to lose his life and three others to sustain injuries. According to preliminary investigations made by the Arkansas State Police, 59-year-old Newport resident Gary Hopkins was traveling south on Arkansas 367 in a Kia when a Mazda on an… Read More

Springdale man arrested for vehicular accident after injuring a family

Sixty-four-year-old Springdale, Arkansas resident Lonnie Shrum has been arrested after having hit three people with his Nissan Frontier along Hart Avenue in Springdale last Sunday, July 4, and then leaving the scene of the accident. According to a bystander and a neighbor of the victims, Shrum was driving toward his place of residence when he… Read More

Garbage truck collision kills one

A Waste Management truck was involved in an accident in Lowell, Arkansas on Thursday, June 16. The accident, which occurred around 5 a.m. in the northbound lanes of I-49, resulted in the death of one individual. The victim was identified as 33-year-old Springdale resident Samantha Wender. According to preliminary investigations, Wender was driving in the right lane when she lost… Read More

Over 225,000 F-150 Ford Trucks Recalled

Over 225,000 Ford F-150 pickup trucks are being recalled in the United States. The recall was issued by Ford due to an issue with the front brakes, which may cause them to weaken or fail. The brakes are weakened when the master cylinder leaks brake fluid. The problem has been associated with nine reported accidents… Read More

Two-vehicle collision injures one

A two-vehicle collision at the intersection of North Dixieland Road and West Hudson Road in Rogers resulted in one person’s hospitalization on Wednesday, June 1. According to preliminary investigations by the Rogers City Police Department, a 2011 Chevrolet Cruze collided with a semi-truck. The 16-year-old male driver of the Cruze was brought to Northwest Medical Center… Read More

Defense searches for evidence in hit-and-run case

Isaac Gatewood is facing three felony charges – manslaughter, leaving the scene of an accident involving personal injury or death, and second-degree battery of certain persons – in relation to an accident that occurred on April 7 in Conway, Arkansas. Prosecutors provided discovery to the defense last Monday, May 30 after Gatewood’s legal counsel, Karen… Read More

Springdale three-vehicle collision kills two people

Springdale Police Department Lieutenant Derek Wright reported that two people lost their lives in a three-vehicle collision on Sunset Avenue in Springdale, Arkansas on Wednesday, May 11. The victims were identified as 40-year-old Springdale resident Thomas Hudson and a female minor who was riding with him, Wright said. Three vehicles total were involved in the accident. A… Read More

School bus, pickup truck collide in Lavaca

Lavaca, Arkansas students experienced a scary moment as the bus they were riding on along Highway 96 collided with a white pickup truck at around 7 a.m. on Tuesday, April 26. At the time of the accident, elementary, middle school, and high school students were aboard the bus. According to Lavaca superintendent Steve Rose, no students… Read More

Woman to face imprisonment, probation in deadly hit and run

Springdale, Arkansas resident Griselda Yanira Arrue, 37, was sentenced to 120 days of imprisonment and 72 months of probation last Tuesday, April 19 by the Washington County Circuit Judge Joanna Taylor. Arrue pleaded guilty to charges of leaving the scene of an accident in relation to a hit-and-run that occurred on Sept. 27, 2015 near Y… Read More

Young Leaders Honored in Distracted Driving Awards Ceremony

The McCutchen Law Firm is proud of the young leaders who participated in our “Distracted Driving Awards Ceremony” on Thursday evening. Pictured from left to right is Custodio, Trinity, and Shane. Custodio won the overall award in the DD drawing contest, and his drawing was placed on a shirt honoring the winner. Another participant, Trinity,… Read More

The McCutchen Law Firm hosted 11th annual free child-safety seat inspections

On Saturday, March 26, 2016, The McCutchen Law Firm hosted its 11th annual free child-safety seat inspection in Fort Smith. They were assisted by Fort Smith and Van Buren Police Departments who are certified inspectors. The officers explained and checked the proper installment of car seats and replaced those that were out of date or… Read More

McCutchen Law Firm to sponsor free child-safety seat check

This Saturday, March 26, from 9 am until 1 pm, the McCutchen Law Firm will be sponsoring a free child-safety seat check at the Target/Fort Smith Pavilion on Phoenix Avenue. This event is open to the public, and seat checks will be performed by inspectors with the Fort Smith Police Department who are certified child-safety… Read More

Will it ever be too late to file a claim?

Under the statute of limitation for injuries in our state, you will have exactly two years from the moment you find out that you have been hurt to file a claim against the responsible party.  While most injuries will be obvious enough, there are some injuries—occupational illnesses, for instance—that will not be immediately apparent.  That… Read More

Greenwood vehicular accident leaves one comatose

A two-vehicule accident in Greenwood, Arkansas on Saturday, February 13 resulted in the airlift of 18-year-old Fort Smith resident and South Side High School senior Sebastian Josif Langland to the University of Arkansas Medical School. Lieutenant Brad Hobbs of the Greenwood Police Department reported Langland had been a passenger in a car that was struck by another… Read More

Serious three-vehicle accident takes place on I-55

A three-vehicle accident that happened along Interstate 55 in Hammond, Louisiana has resulted in the death of one woman and left one man in critical condition. The victims were identified as Sherwood, Arkansas residents Mariam Williams and Charles Williams. According to preliminary investigations made by the Louisiana State Police, a 2004 Toyota Avalon driven by 26-year-old… Read More

Dangers of Pressure Sores

Any individual who remains in the same position for prolonged periods of time is at risk for developing pressure sores or bed sores.  Pressure sores are injuries to the skin and underlying tissue that are caused by extended periods of pressure, most commonly found in places such as the ankles, back, hips, and tailbone.  For… Read More

Vehicle hits 15-year-old pedestrian in Fort Smith

The Fort Smith Police Department in Arkansas has reported that a 15-year-old pedestrian was hit by a vehicle while he was crossing the street at around 9:30 p.m. on Friday, January 1 in the intersection of Grand Avenue and North 21st Street. Emergency medical responders who came to the victim’s aid after the incident reported… Read More

Louisiana woman blames hoverboard for fire that destroyed her home

A Louisiana woman recently claimed that her son’s hoverboard was responsible for a massive fire that destroyed the family’s home. According to reports, Jessica Horne’s son received a hoverboard a few days before Thanksgiving. After using the device only once, he plugged it in so that its lithium batteries could recharge. However, while the recharging… Read More

3 killed, 7 Injured in chain-reaction crashes

Multiple vehicles were involved in a series of car accidents in southwest Arkansas along Interstate 49 on Dec. 21. Arkansas State Police reported that there were 3 fatalities in multiple chain-reaction crashes starting at around 11:45 p.m. that shut down Interstate 49 until the next afternoon. Seven other injuries were reported from these accidents. The… Read More

Woman Slams into Greenwood School Bus

A Fort Smith accident involving a school bus full of children and a single vehicle left one woman seriously injured. The wreck took place at around 3:00 p.m. on Dec. 16 on Arkansas 253 near Karry Lane. Eye witnesses reported seeing a gold Chevrolet Cruze hit the back of a Greenwood Public School bus. The… Read More

IRS Scam Targeting Arkansas Residents

Although various financial scams take place every day across the country, it may be a surprise to learn that convincing IRS scams are happening very close to home. Numerous individuals in Sebastian County and surrounding areas have been victims of a scam in which an unidentified individual calls their phones claiming that they owe thousands of dollars to the… Read More

Nine people hurt in Arkansas multi-vehicle accident

A total of nine individuals, including three infants, have been injured in a multi-vehicle accident that happened along the northbound lanes of Interstate 49 near mile marker 39 at around 2:30 p.m. on Saturday, November 28, the Arkansas State Police reported. Police investigators said four vehicles were involved in the accident and noted that the… Read More

One in four drivers in Oklahoma thought to be uninsured

Drivers in Oklahoma are required by law to carry a minimum form of car insurance called liability coverage. This type of car insurance will help cover the costs of any damage that is caused by the insured driver following a car accident. Despite these laws, it is estimated that around one in four Oklahomans are driving… Read More

‘Vicious’ pit bull attack leads to death of young boy

While a mother was walking down a Detroit street with her 4-year-old son this past Wednesday, December 3, the pair was reportedly attacked by four pit bulls that mauled the young boy to death. After noticing two of the animals approaching them, the mother made attempts to protect her son before being bitten by one of the… Read More


479-783-0036, ext. 213 Where:  , 1622 North B Street, Fort Smith Date:  Friday, December 4, 2015 Time:  1:30 p.m. Joey McCutchen will hold a press conference today to discuss the lawsuit that he filed this morning against Bost, Inc. on behalf of Timothy Abner, brother of Jimmy Don Abner, a mentally disabled man in the… Read More

Drunk Driver Crashes into Fort Smith Home

A man is accused of drunk driving after crashing his vehicle into the side of a Fort Smith residence on November 30. The accident happened around 11:00 p.m. and no injuries of residents inside the house were reported. Fort Smith police officers responded to a call that a truck had crashed into a house and… Read More

Weather-related crash injures nine in I-49 accident

Nine people were injured in an accident on I-49 Northbound on Nov. 28. The accident occurred around 2:40 p.m. during heavy rain. The victims of the accident were all taken to Washington Regional in Fayetteville and other hospitals around the area with injuries that were reported to be non life-threatening. The police that first responded to the… Read More

Two die in separate accidents on Arkansas state highways

The Arkansas State Police have reported that two Arkansas natives have been killed in separate vehicular accidents that occurred on Wednesday, November 25 on state highways. According to preliminary investigations, 46-year-old Lonoke County resident Glen Scott Williams was heading south along Arkansas Highway 89 near Mahoney Road on his 2011 Harley-Davidson motorcycle at around 9:29… Read More

Head-on collision victim remains in guarded condition

A Sequoyah County head-on collision that occurred on Tuesday, Nov. 24, resulted in one individual being taken to the hospital where she remains in guarded condition. According to members of the Oklahoma Highway Patrol, 67-year-old Leona Johnson was driving on Wildhorse Mountain Road when she crossed the center line of the roadway, causing a head-on… Read More

North Little Rock Bus Crash Causes 6 Fatalities

A charter bus ran off Interstate 40 in North Little Rock on Friday, November 6, injuring numerous people and killing six. The accident was reported around 1:00 a.m. when the bus veered off of the road west of the I-40 and Highway 167 interchange and eventually collided with an abutment off of the North Hills… Read More

Charter bus accident in North Little Rock kills six

At least six individuals are reported dead, and several others injured, as a result of a charter bus accident that took place in the early morning hours of Friday, November 6. According to reports from authorities, a Vasquez Citrus Hauling charter bus was traveling westbound on 1-40 when it left the roadway and collided with the abutment… Read More

New study reveals commonality of medication errors during surgery

A new study by the Massachusetts General Hospital found that, on average, nearly half of all surgeries involve medication errors directly before, during, or after surgery. This study involved 277 surgeries, in which 124 errors were made that resulted in adverse drug effects. There were over 3,675 medications givens to patients involved in the study,… Read More

Dump truck crash driver takes plea agreement

Thirty-seven-year-old Pine Bluff, Arkansas resident Barney Wells, Sr., who was the driver of the dump truck that was involved in an accident at County Road 9 and State Highway 91 outside of Blair on October 9th, has accepted a plea deal after fleeing the scene of the accident. According to reports, the dump truck Wells… Read More

Wal-Mart sues insurance providers over Tracy Morgan settlement

Although Wal-Mart has reached a settlement with forty-six year old actor and comedian Tracy Morgan after the 2014 vehicular accident in which an over-tired truck driver collided with Morgan’s vehicle, severely injuring him and killing comedian James McNair, it appears the company isn’t through litigating just yet. Wal-Mart and its insurance carriers have now filed… Read More

Car Accident in Madison County, 1 Killed

One man is dead after a two-car collision occurred on the morning of Monday, October 26, in Madison County. Arkansas State Police officials were called to the scene when an accident near US Highway 412 was reported. The victim of the accident, a 78-year-old man from Tennessee, was identified as Kenneth R. Sisk. He was pronounced… Read More

School bus rear-ended by teen driver

A school bus in Mansfield was hit on October 21 on the way to school. Arkansas State Police were called to the accident on Highway 71 at approximately 8 a.m. The bus was carrying 22 student passengers when the accident occurred just south of the high school. The driver of the vehicle that struck the… Read More

Joey McCutchen and William Buckley Attend Arkansas Chiropractic Physicians Association Convention

On October 2, Joey McCutchen and William Buckley traveled to Little Rock for the Arkansas Chiropractic Physicians Association Convention. At the convention, Joey and William gave a presentation introducing chiropractors to the legal process and giving them the tools they need to be effective in helping their patients get the compensation they need and deserve.… Read More

Two hospitalized after Le Flore County vehicular crash

Two individuals were hospitalized after a single vehicle crash in the southbound lane of Lock Dam Road that happened four miles east of Spiro in Le Flore County at around 5:13 a.m., a press statement from the Oklahoma Highway Patrol explained. According to preliminary investigations, 26-year-old Keith Lamb was driving a 2012 GMC truck along… Read More

New guidelines for the Food Safety Modernization Act finalized

The United States Food and Drug Administration brushed up final modifications to two new rules on Thursday, September 10 regarding mandating human and animal food companies to determine possible safety food hazards. The FDA also drew out methods to prevent or minimize the production of harmful foods. These new guidelines are the first of seven… Read More

Semi-truck accident outside of Fort Smith, one injured

An collision that occurred between Fort Smith, Arkansas and Moffett, Oklahoma resulted in the injury of a driver after a semi-truck struck him. A man was driving his Pontiac Sunfire on September 15 when a tractor-trailer crashed into his vehicle on Highway 64 over the Garrison Avenue Bridge. The Moffett Police Department responded to the… Read More

Fleeing suspect crashes into home and injures girl

The Sebastian County Sheriff’s Office in Arkansas reported that a man crashed his car into a home in Fort Smith, injuring a young girl and causing property damage. A deputy attempted to pull the suspect over at the intersection of S. 31st and Highway 71 South but was unsuccessful, the press release from the sheriff’s… Read More

Fort Smith Car Chase Ends in Filed Charges

A car chase earlier this week began after a car smashed into a Fort Smith home and fled the scene. The driver of vehicle was 25-year-old Raylon Triplett. He was driving inside of a Fort Smith neighborhood when he lost control of his car and ran it directly into a home on Meadow Drive. At… Read More

Statute of Limitations in Arkansas Medical Negligence Cases

The statute of limitations for medical negligence in Arkansas is generally two years from the date of the negligent act.  Under this strict statute, it does not matter when you discovered that your healthcare provider was negligent, it depends upon when the negligent act occurred.  If a lawsuit is not properly commended within this time… Read More

Car Crashes into Farm Equipment Resulting in One Death

An accident involving a 1999 Chevrolet Prism and a John Deere tractor resulted in the death of a 22-year-old man from Lexa on Aug. 25. The Chevrolet was driving along Arkansas 121 when it hit farm equipment that was attached to a parked John Deere tractor. The tractor reportedly was pulled off to the side of the… Read More

Single vehicle accident leaves one man dead, one injured

A single-vehicle rollover accident in Sequoyah County on Oklahoma State Highway 141 on Aug. 17 left one man dead and another man severely injured. The crash happened at around 3:30 p.m. when a driver of a 2000 Ford Explorer hit a culvert in the road, causing the vehicle to flip twice before stopping. The driver… Read More

Fort Smith driver crashes into local coffee shop

Local coffee shop on Rogers Ave., the Coffee Cup, is under construction after a driver ran his car into the front of the business Aug. 4. The incident was reported around 7:20 a.m. and officers were on the scene soon afterwards. The driver of the Toyota sedan spoke with police officials at the scene of… Read More

The Need for an Autopsy in Medical Negligence Cases

If you have lost a loved one and suspect that their death was the result of medical negligence, an autopsy is crucial to prosecuting a lawsuit on the Estate’s behalf. We have all heard the phrase, “burden of proof.”  This means that the person or entity that brings a lawsuit (the “Plaintiff”) has the duty… Read More

Arkansas one-vehicle accident causes three deaths

The Arkansas State Police reported a single vehicle accident that occurred on July 18 at around 8 p.m., according to Hope Star. The accident took place at the intersection of U.S. Route 278 and Arkansas Highway 355, located approximately five miles northwest of Nashville in Howard County, and led to the deaths of three individuals. The victims were identified as 23-year-old… Read More

Two separate crashes cause two fatalities in Arkansas

The Arkansas State Police has reported that there were two fatalities on state roads just in the first week of August. Twenty-three-year-old Newnan, Georgia resident Blake Zeledon was killed while two other people – 19-year-old fellow Newnan resident Alyssa Resis, and a minor – were injured when the 2015 Dodge they were riding in along… Read More

Brachial Plexus Birth Injuries

If your baby was born with an arm that doesn’t work, please contact our office.  Permanent obstetrical brachial plexus injury creating an Erb’s (or Klumpke’s) Palsy in your child is an avoidable injury. The brachial plexus is the network of nerves arising from the spinal cord that innervates the arm.  A transitory brachial plexus injury… Read More

Fort Smith Superintendent Testifies Regarding Mascot Decision

Fort Smith School District superintendent Benny Gooden recently testified for two hours in a Sebastian County Circuit Court hearing about the June 23rd Fort Smith School Board meeting in which board members voted to do away with “Dixie” as the Southside High School fight song and to also remove the school’s mascot. This hearing was… Read More

“Operation Seeing Red 2” initiative results in over 400 traffic citations

The Fort Smith Police Department officers issued 428 traffic citations over the course of three weeks this past June as part of the “Operation Seeing Red 2” campaign, according to the Times Record on July 14. From June 8 to June 28, officers were posted near a selection of stop light controlled intersections where they… Read More

Attorney Joey McCutchen Hosts “Rally for the Rebels”

Next Friday, attorney Joey McCutchen is hosting “Rally for the Rebels” at Southside High School. This rally is a chance for community members to come out and share memories and experiences from their time at Southside High School, as well as provide an opportunity for community members to discuss their thoughts and feelings on the… Read More

Race car driver and fans hurt in NASCAR accident

An accident during the last lap of the Coke Zero 400, an annual NASCAR Spring Cup Series stock race at the Daytona International Speedway, resulted in the injuries of 25-year-old race car driver Austin Dillon and several fans, according to CBS News on July 6. At around 2:40 p.m., as 40-year-old Dale Earnhardt, Jr.’s car crossed… Read More

Rally for the Rebels

Where:  Southside High School Football Stadium Date:  Friday, July 24th Time:  6:30 p.m. to 8:30 p.m. I invite you to share your memories, stories and experiences of Southside High School on our Facebook page AND at the RALLY FOR THE REBELS!  This event is for our entire community.  Let’s show the world that life truly is worth… Read More

Attorney Joey McCutchen speaks to The City Wire about school board vote

A July 2 article in The City Wire featured an interview with attorney Joey McCutchen of . According to the report, a committee of the Fort Smith Public School Board recently voted 6-0 to remove the Rebel as the district’s mascot, as well as remove “Dixie” as the Southside High School song. The issue will… Read More

Church van rollover causes injuries in Van Buren

At least one minor was airlifted to a hospital following the accident of a church van in Van Buren, Arkansas. The church van from Beebe was carrying seven minors at the time of the collision, reported Bill Sadler of the Arkansas State Police department. The First Church of Nazareth van was pulling a trailer when… Read More

Fatal car accidents in Arkansas

Arkansas Online reported several accidents that happened on June 13 in the state, including the two following fatal traffic accidents. An Arkansas State Police report showed that 36-year-old Tucker resident Cedric Herron succumbed to mortal injuries in a vehicular accident on Arkansas 165 in Lonoke County at around 5:23 p.m. According to preliminary investigations made… Read More

Oklahoma toddler injured in lawnmower accident

A toddler in Davenport, Oklahoma was involved in a freak lawnmower accident when a riding lawnmower hit him outside of his family home. The accident left him with multiple injuries. Not yet two-years-old, the boy was found by his sister and grandfather, the town’s fire chief. Richard Bailey, grandfather of the young boy, had 25 years… Read More

Failure to stop causes serious motorcycle accident

Thirty-one-year-old Van Buren resident Nathan Scott was critically hurt on June 12 when a car hit him while he was operating his motorcycle, KSFM reported. According to police reports, a car failed to stop at a stop sign on U.S. Highway 271 at around 3:40 p.m., instead driving forward and striking Scott. The force of the… Read More

James R. Baber, M.D., J.D., Joins Our Firm as Of Counsel Attorney

announces the addition of attorney James R. Baber, M.D., J.D., Of Counsel. Dr. Baber received his Doctor of Medicine in 1986 from the University of Arkansas College of Medicine and his Juris Doctor from the University of Arkansas at Little Rock Bowen School of Law in 1993. He practiced medicine from 1986 to 2009 and… Read More

Joey McCutchen Elected Vice President of Arkansas Trial Lawyers Association

The Arkansas Trial Lawyers Association, a leadership organization with a following of over 800 Arkansas trial lawyers, named Joey McCutchen as the new vice president for the 2015-2016 session. McCutchen has been an outspoken proponent of the seventh amendment, as he believes a citizen’s right to trial and a jury of peers is an integral… Read More

Another Successful Car Safety Event

This past Saturday, April 11th, partnered with the Fort Smith Police Department to hold the annual Car Seat Safety Event. Saturday’s turnout was the biggest in the event’s ten-year history.  Before the event began, there were around 50 cars waiting in line to receive their free installation and car seat.  By the end of the… Read More

Distracted Driving Awareness Month

April is National Distracted Driving Awareness Month. Distracted driving is any activity that diverts a person’s attention from the primary task of driving. Texting, using a smartphone, eating, drinking, grooming, reading maps, or watching a video are a few examples of distracted driving. All forms of distracted driving endanger driver, passenger, and bystander safety. According… Read More

JOEY MCCUTCHEN – 479-783-0036

Joey McCutchen and ‘s mission is to focus awareness on distractive driving. Mr. McCutchen presented a program to Mrs. Washington’s Career Orientation classes on Monday, April 20, 2015, at Darby Junior High. Additionally, he will be conducting presentations to our youth throughout our community on distractive driving. During the presentation each student pledged to protect… Read More

New Program to Expedite Treatment for Children

In 2002, 63,000 children under the age of four were involved in automobile crashes. If the adult in the vehicle happens to be seriously injured and unable to talk, emergency personnel will have a difficult time identifying the child or retrieving vital information that could help the rescue efforts go more smoothly. At , we… Read More


FORT SMITH, AR – A free child safety seat check station will be open to the public this Saturday, April 11th from 9AM until 1PM at the Fort Smith Pavilion, 4000 Phoenix Avenue in Fort Smith. Certified child safety seat inspectors from the Fort Smith Police Department will provide inspections, and replace recalled and unsafe… Read More

Annual Car Seat Safety Event

On Saturday, April 11, and the Fort Smith Police Department are teaming up to hold the 7th Annual Car Seat Safety Event. This year’s event will be held at the Target parking lot located at the Fort Smith Pavilion. The event will kick off at 9:00 a.m. and last until 1:00 p.m. Each spring, the… Read More

Railroad Crossing Safety

This past Monday, an Amtrak train hit a 127-ton tractor-trailer that stalled on railroad crossings and injured 55 people. The collision happened in Halifax, North Carolina and the tractor-trailer was three times the weight of a standard 18-wheeler. The load was so enormous that it required Highway Patrol escort. Most people don’t consider the potential… Read More

Arkansas. house bill 1907 does NOT help you. Please contact your legislators immediately!

Everyone knows how insurance works. You pay a monthly premium, and in return, your insurance company takes care of you if something bad happens. If, at the end of the year, you have no car wrecks, your car insurance company does not return the money you paid. Similarly, if you do not see a doctor… Read More

Nationwide Vehicle Recalls

Millions of cars with unfixed recalls are on the road and up for sale right now, according to new research from Carfax. Data from the vehicle history-gathering firm suggests millions of people may be driving, buying, or selling potentially dangerous cars due to an unfixed recall. Carfax said its annual research indicates more than 46… Read More

Names of Minors Blocked on Crash Reports

A new rule put in place for Arkansas State Police requires the agency to take out all information on people under eighteen on crash reports. The new law went in effect on January 1, 2015 and the Arkansas State Police plan to prohibit bulk inspection of public crash reports. Under previous law, the reports had… Read More

Arkansas Senators: Changing the Goal Post

A handful of our Arkansas State Senators are plotting to provide a hefty return on investment to the nursing home industry by taking away your 7th Amendment rights to a civil jury trial. The civil jury trial is essential to our liberty and our Founding Fathers led the charge to secure that liberty based in… Read More

Pedestrian Accidents

A recent study conducted this past April by the National Highway Traffic Safety Administration (NHTSA) found that in 2012, 4,743 pedestrians were killed and an estimated 76,000 were injured in traffic crashes in the United States. Of all the other studies on road users, the NHTSA was able to determine that pedestrians were one of… Read More

The Importance of Car Seat Safety

The National Center for Injury Prevention and Control (NCIPC) discovered that in the United States during 2011, more than 650 children ages 12 years and younger died as occupants in motor vehicle crashes, and more than 148,000 were injured. Another NCIPA study found that, in one year, more than 618,000 children ages 0-12 rode in… Read More

Slow Down for Children

Last Thursday, December 11th, I was driving down Main Street in Arkoma, Oklahoma, when I was pulled over by an Arkoma police officer. He informed me that I was traveling beyond the speed limit while in a school zone. I was driving around 30 miles per hour, and the speed limit when children are present… Read More

7th Amendment

Conservative Values

Deer in the Headlights

Last Wednesday night, around 9:00 p.m., I was driving down Massard Road through Chaffee Crossing on my way home. As I was driving, three deer darted in front of my car. Like most people, I quickly slammed on my brakes and swerved to the left. Luckily, there was not another car coming from the other… Read More

What Is “Full Coverage”?

When I sit down with a new client and ask the question, “Do you have full coverage?” the response I tend to hear 95% of the time is, “Yes!” Most people are unaware of the extent of their automobile insurance coverage. Many think they carry “full coverage” on their car insurance policy; however, in reality,… Read More

Arkansas State Medical Board

When a complaint regarding malpractice or medical error comes before the Arkansas State Medical Board, the Board must find more than just medical negligence in order to hold a doctor accountable. According to the Arkansas Model Jury Instructions, medical malpractice, also known as medical negligence is defined as follows: “In diagnosing the condition of a… Read More

Actions to Take After a Motor Vehicle Collison

According to the National Highway Traffic Safety Administration, an estimated 2.36 million people were injured in motor vehicle traffic crashes in 2012, compared to 2.22 million in 2011. This is an increase of 6.5 percent from 2011 to 2012. While there have been several statistically significant decreases in the estimated number of people injured annually,… Read More

Are You Properly Insured?

In a previous blog, I mentioned the importance of setting up an underinsured motorist (UIM) and an uninsured motorist (UM) policy with your insurance company. This coverage is a necessity because if you get into an accident with someone who is driving without insurance or doesn’t have enough of it, you could potentially incur substantial… Read More

Unsecured Cargo in Arkansas

The National Highway Traffic Safety Administration (NHTSA) found that out of a total of about 5,419,000 crashes in 2010, about one percent – 51,000 crashes – involved a vehicle striking an object that came off of another vehicle or a non-fixed object lying in the roadway. Of these 51,000 crashes, there were almost 10,000 people… Read More

Cyclist Killed In Fort Smith Accident

On Saturday, November 8, 2014, a Fort Smith man riding his bicycle was killed after being hit by a vehicle. The incident happened at 6:03 p.m. in the traffic lanes of Grand Avenue near the intersection with North 35th Street. According to police, the bicyclist, a white male in his 50s, was traveling westbound down… Read More

Do You Have Med-Pay?

Too many drivers in the states of Arkansas and Oklahoma do not carry “med-pay” coverage. Medical Payments insurance coverage, usually called “med-pay,” is a type of automobile insurance that pays for the medical expenses incurred by the insured driver and/or passengers due to injuries suffered in an automobile accident, regardless of who was at-fault for… Read More

Drowsy Driving

Almost everyone who has driven a car before has at some point in his or her driving history experienced a decrease in alertness, a phenomenon also known as micro-sleep. These brief actions can be caused from not obtaining the adequate amount of sleep that your body demands. So what is micro-sleep? Micro-sleep is brief, unintended… Read More

Trucks Take Tumble

As an experienced personal-injury lawyer, I know how dangerous eighteen-wheeler accidents can be. Recently in the news you may have heard about the three-car, dump truck pile-up on the Arkansas River Bridge that sent three motorists to the hospital with injuries. Those big trucks that operate on our roadways can weigh up to an astounding… Read More

Preponderance of the Evidence

In the United States legal system, there are two standards of proof that must be met before the jury or judge decides who wins a case. Civil courts require the use of preponderance of evidence; whereas, criminal courts use a standard of beyond a reasonable doubt. Experienced Fort Smith personal injury lawyers know that injured… Read More

Minimum Insurance Coverage in Arkansas & Oklahoma

Every automobile owner in Arkansas and Oklahoma is required to have liability coverage. Liability coverage pays for any claims when you are at fault in an accident. In both Arkansas and Oklahoma, the minimum liability policy you are required to carry by law is $25,000 per person for bodily injury, $50,000 per accident, and $25,000… Read More

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 will delve into the Details & Dynamics of Trucking Accidents. I’m sure you already know this but there is a lot to learn about trucking litigation! Joey is going to kick off the CLE with an ethics hour and then… Read More

Attorneys: Law Authorizes Polling City Directors On Agenda Items

Individually polling members of the Fort Smith Board of Directors regarding agenda items is authorized under state law, according to a court filing by City Attorney Jerry Canfield and local attorney Michael Redd. Fort Smith City Clerk Sherri Gard individually polled Directors Keith Lau, George Catsavis and Kevin Settle after Ward 3 Director Mike Lorenz… Read More

Attorneys McCutchen, Campbell join forces in new law firm

Two prominent attorneys who have been in the news in recent weeks and months due to their legal wrangling with the city of Fort Smith have joined forces to create a new law firm. Attorneys Matt Campbell and Joey McCutchen, along with William Buckley, have created the law firm. “Our purpose is to impact the… Read More

College Scholarship Recipients Announced

$39,000 in Coilege scholarship funding has been awarded through the 20142015 Fort Smith Boys &Girls Clubs (FSBGC) College Scholarship Program.Recipients for the scholarships were announced at the annual FSBGC Scholarship Awards luncheon held June9 at the downtown Holiday inn. Law School student Dalton Person, a previousFSBGC scholarship program recipient, was the guest speaker for the… Read More

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 billings from the Daily and Woods I_aw Firm to the city of Fort Smith. The lawsuit- filed by Fort Smith resident Jack Swink against City Clerk Sherri Gard, CityDirectors Mike Lorenz, George Catsavis, Keith Lau, Vice Mayor Kevin Settle and… Read More

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 some cities spending more on legal services than the city of Fort Smith, while the city of Fayetteville spends less on an annual basis. The cities, selected for Comparison by The City Wire, have varied forms of government but similar… Read More

The changing of the guard

Every year et our annual convention,the inevitable change in leadership is a bittersweet üme. Werking in the the ?mevitable change in leadership is a bittersweet üme. Working in the trenches with the. Executive Commitiee during the year brings s closeness and familiarity that is not easy te let go 0f when the President finishes his… Read More

Boating Accidents Can Be Prevented

May 17-May 23, 2014 was National Safe Boating Week. It was observed on Arkansas lakes last week. Each year, as part of National Safe Boating Week, the U.S. Coast Guard Auxiliary shares boating safety tips to help boaters stay safe on the water during the summer. In 2013, Arkansas ranked 10th, tied with Louisiana, among… Read More

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

LITTLE ROCK – Fort Smith lawyer Joey McCutohen used a red Radio Flyer wagon as a prop Thursday at a rally at the state Capitol. McCutchen said the wagon symbolized “the future of our children,” a future that he said will be less free if the American judicial System iS undermined by the influence of… Read More

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

Oliver Diaz was a Mississippi Supreme Court Justice. He was appointed to the Mississippi Supreme Court in March 2000. He was up for election in November 2000. The US Chamber launched what was literally a million dollar attack against him. The US Chamber took out snippets of his opinions and manipulated them to make his… Read More

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 Lawyers Association on Saturday, May 2, 2014.He has been an ATLA member for over 20 years and has served on the ATLA Board of Governors since 2010. He won the 2013 Citizen Merit award which is given to an attorney… Read More

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 be meeting with children to raise awareness about the measures children, families, and communities can take to better protect our children. An analysis conducted by National Center for Missing & Exploited Children of 9,000 confirmed attempted abductions showed 51% of… Read More

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 utilize public monies—are invited to attend a meeting on Thursday evening, April 17, from 6:00 p.m. until 8:00p.m. in the First Federal Room of the “Gene” Durand Center in Harrison. Sponsored by the Boone County Concerned Citizens, the informative meeting… Read More

Insurance Company Abuse

In 2007, CNN published an article about abuse by the insurance industry. The article discusses some of the tactics used by insurance companies to wrongfully delay, deny, and defend legitimate claims. The article notes that the insurance industry discriminates against the poorest sector of our society, all in the name of profits over people. CNN… Read More

The Benefits of Medical Payments Insurance

With this blog, I am providing information about medical payments insurance (which is included with automobile liability insurance in Arkansas, unless waived). It is my intention to show how important medical payments insurance is and how affordable it actually is. What is medical payment insurance? Medical payment insurance, sometimes referred to as medpay, is insurance… Read More

Nursing Homes and the Arkansas Constitution

The U.S Constitution and the Arkansas Constitution must be honored, valued and defended at all times. The State and U.S. Constitutions are not for sale. As the statue in front of the National Archives, which is the home of the U.S. Constitution and the Bill of Rights, states: “Eternal Vigilance is the price of liberty.”… Read More

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 of teenagers but the death rate is much higher for 16 year olds. In fact, it is about twice as high for 16 year olds as it is for those who are 18 to 19 years of age. Per mile… Read More

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 Peter Sellers) is checking into a hotel in Germany. He sees a dog in the lobby and asks the manager of the hotel, “Does your dog bite?” When the manager replies, “No,” Clouseau reaches down to pet the dog, at… Read More

Backup Cameras Save Lives

In a recent ABC News report, safety advocate Susan Auriemma talked about the dangers of vehicles and backover injuries and deaths. Auriemma’s three-year-old daughter darted behind her vehicle as she was backing out of her driveway and was injured as a result. Thankfully her daughter was not killed, but others are not so lucky. To… Read More

Listening as a Cure

Teen suicide is the third leading cause of death of teenagers. Sometimes we do not hear much about it, but other times it happens close to home. It is believed that as many as twenty-five suicide attempts are made for each one that is successful. So, with the one suicide that we hear about, there… Read More

Don’t Get Bit

As a parent of two small boys, the scare of West Nile Disease is one that I take very seriously. If you are watching the news, you will see that the reported cases are growing steadily and this is an issue that we need not ignore. I urge everyone to take precautions, especially with small… Read More


As a personal injury trial lawyer in Fort Smith, I am surprised each year when I read the total number of car wrecks and accidents. In 2010, there were 3,171 totals accidents and 678 involved personal injury and 8 fatal accidents. It should be noted that there were probably far greater than 678 personal injury… Read More

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 Thursday. It is tort reform 10, as pushed by the powerful US Chamber of Commerce though it’s Institute For Legal Reform. It is an overly broad bill that places caps on damages of those injured and killed by medical malpractice.… Read More

Help Stop Solicitation Madness

If you have been in a car wreck, you’ve probably gotten a mailbox full of solicitation letters from lawyers, phone calls and letters from chiropractors, and may have even had a runner show up at your doorstep trying to convince you that an insurance company sent him to get you to a chiropractor for treatment.… Read More

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 forward to our next Project Safety event. Thank you to the Fort Smith and Van Buren Police departments and the many volunteers for making this event possible! Official Count Released On 03/10/12, sponsored the yearly Project Child Seat Safety 2012… Read More

Hope United for Morgan Nick Foundation

Hope United was a fundraiser for the Morgan Nick Foundation on October 25, 2012. A delicious meal was served at Michael’s Mansion to friends and family as Colleen Nick spoke to our group about child safety. Several thousand dollars was raised for the foundation. We wish to thank the Sims, Hollenbeck and Needham families for… Read More

What is Med Pay?

Med pay is called medical payments coverage on an insurance policy. This coverage will pay for reasonable expenses incurred for necessary medical expenses due to bodily injury caused by an accident. It is not required that you carry med pay on your policy in all states, although it is very beneficial. Typically the charge for… Read More

We are here to help

When people are involved in a car wreck, they come to see an attorney, a lot of times because they don’t know what they should do.If they don’t have health insurance, many times they are unable to see a doctor for their injuries. They are unsure what to do about their wrecked vehicle. We are… Read More

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 to be with the other driver’s insurance company. You’re told that the insurance company has arranged medical treatment for you. All you have to do is to go to a certain doctor or chiropractor. The other insurance company pays for… Read More

We are here to help

When people are involved in a car wreck, they come to see an attorney, a lot of times because they don’t know what they should do.If they don’t have health insurance, many times they are unable to see a doctor for their injuries. They are unsure what to do about their wrecked vehicle. We are… Read More

Halloween Safety

Trick or Treating should be one of the great adventures of Halloween for kids! They can get dressed in scary costumes and go door to door, begging “Tricks or Treats!” from neighbors. Lots of small towns have a Halloween Safe Night at the community center or school so kids can Trick-or-Treat safely but going door… Read More

The Golden Rule

In a recent interview for the Docket, a publication of the Arkansas Trial Lawyers Association, I discussed Take 25 and how others can become involved to help protect children. I’ve included the discussion below. JM Take 25 is a preventative child safety campaign created by the National Center for Missing and Exploited Children. The Take… Read More


When it comes to insurance attorney’s you can only be reminded of “The Runaway Jury” by John Grisham. Instead of you hiring an attorney for a settlement they come to you and offer less than what you deserve. It is not uncommon to hear of people who have been in accidents receiving phone calls from… Read More