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Questions Answered by Michael Darren O'Quinn

1 Answer | Asked in Gov & Administrative Law, Libel & Slander and Civil Rights for Arkansas on

Q: Can a state employee sue a private citizen in Arkansas? Is there a statute that states this? Can you cite the statute?

Michael Darren O'Quinn answered on Aug 26, 2018

It depends. Clearly, a state employee can sue as an individual if a private person has harmed the employee. If the employee is not suing in an individual capacity, but rather for a wrong to the state, then they need state government authorization.

1 Answer | Asked in Medical Malpractice for Arkansas on

Q: Can I take a physician to court for not providing proper pain relief after major spine surgery?

After the surgery while still in the hospital. The surgeon APRN came in for a visit. I told her I'm in horrible pain and that the 2 7.5 mg hydrocodone every 4 hours isn't helping. I've been on 4 10mg hydrocodone for 10 plus years. Nothing was done until I called the doctor's office and explained... Read more »

Michael Darren O'Quinn answered on Aug 6, 2018

If you are in Arkansas, this would be a difficult case but a patient in pain should have adequate pain relief. I would need to know about your prior prescription history (Donets seem reasonable to prescribe less pain meds immediately after surgery than the patient was on without surgery (maybe... Read more »

2 Answers | Asked in Nursing Home Abuse for Arkansas on

Q: I noticed that my dad (in a nursing home) developed a bed sore. Is this a sure sign of neglect?

Michael Darren O'Quinn answered on Feb 24, 2018

It depends on the Stage (1-4 with 4 being the worst), the location (pressure point), and whether he had a medical condition that prevented him from being turned or significantly impaired his circulation. Give me a call to discuss.

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1 Answer | Asked in Nursing Home Abuse for Arkansas on

Q: I just found out that my father suffered from bed sores before he passed away.

Can I still sue the nursing home he was in?

Michael Darren O'Quinn answered on Dec 15, 2017

It depends on the statute of limitations in your jurisdiction. For example, in Arkansas a medical negligence/nursing home neglect lawsuits must generally be filed within a 2 year statute of limitations (running from date of negligence, i.e. acts and omissions that caused the bedsores, not date of... Read more »

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