Medical malpractice lawsuits are not simple matters, and they are only made more complicated by the fact that laws can vary dramatically from state to state. To help you figure out if a lawsuit is right for you, here are some of the most important topics that you will need to think about when it comes to filing a medical malpractice lawsuit in Arkansas:
Proof of Negligence
The first and most difficult part of a medical malpractice lawsuit is proving that you were actually a victim of medical malpractice. To prove this, you will generally need to prove that the defendant violated the standard of care. In other words, you need to prove that did not treat you as they should have.
To actually support this, you will often need to provide the testimony of an expert witness. This can cost a fair bit of money, so you should be prepared for that. However, this will be a drop in the bucket compared to the potential winnings, so if you feel that you have a strong case, then this is an expense that you should certainly consider.
The Statute of Limitations
You then need to make sure that you are still within the statute of limitations, which happens to be two years. This is a much stricter limit than other states, since Arkansas does not give you an extension for discovering damage at a later date.
The single exception is when a foreign instrument was mistakenly left in your body during surgery, which allows you one year from the date that you discovered the instrument in your body.
To put it simply, you have two years to file a lawsuit against a healthcare provider for medical malpractice. If that two years passes and you have not filed, then you will be unable to file, except in the very specific situation that your medical malpractice is connected to a foreign instrument that was left in your body due to medical negligence.
Luckily for you, Arkansas does not impose damage caps on medical malpractice lawsuits. Not only are there no caps allowed, but caps of this nature are banned by the state's constitution, which means that you don't need to worry too much about this law changing in the near future.
This lack of caps mostly concerns non-economic damages, like pain and suffering. You can ask for as much money as you like, but asking for too much could potentially weaken your case by reducing sympathy. On the other hand, the court can raise your damages if they feel that you deserve more than you are asking for. Contact a law office, such as Littman & Babiarz Law Office, for more information.Share