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Arkansas Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Arkansas on
Q: I'm having an issue with a hospital that didn't acknowledge the power of attorney form that I had notarized for my boyfr

He ended up passing away during The Visit that day ignored the PO.A

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2024

There may have been something wrong with the POA, or the hospital simply refused to obey the directives of the attorney in fact. What damages did the Decedent incur because of the hospital's disobedience? There may not be any, and if so, no cause of action. If damages are present, then... View More

Q: Can you fail a pre-employment drug screening for weed if you have your medical card
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2024

If you have a medical marijuana card in Arkansas, it does not automatically protect you from failing a pre-employment drug screening for cannabis. Employers in Arkansas are generally allowed to maintain drug-free workplace policies. This means they can require pre-employment drug tests and make... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Arkansas on
Q: i need to know if i have a case or not last year i had a baby and had to have a c section and a week after that i found

out i had a infection on my c section wound it was staph infection like from unclean tools that was used on me do i have a case

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. One option at this point could be to reach out to Arkansas attorneys to try to arrange a free initial consult. Most law firms that handle such cases offer them. You could search... View More

2 Answers | Asked in Health Care Law and Medical Malpractice for Arkansas on
Q: Can I sue a doctor who did treatment my husband for cancer I feel my husband was done wrong
Joel Gary Selik
Joel Gary Selik
answered on Mar 6, 2023

Another doctor must review the records and determine if the doctor acted below the standard of care and if that malpractice led to the damages/harm.

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2 Answers | Asked in Medical Malpractice for Arkansas on
Q: Does a patient’s age influence whether or not an attorney will take a malpractice case? Assume evidence is very strong.

Patient was given drug on his allergy list, while in the hospital, suffered hallucinations and dizziness, fell hitting his head and suffered permanent brain injury. Patient is 73

John Michael Frick
John Michael Frick
answered on Feb 28, 2023

Yes age matters as it affects compensatory damages.

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1 Answer | Asked in Medical Malpractice for Arkansas on
Q: i had hernia surgery doctor mess up had second surgery to fix mess up can I get damaged by taking to court

first doctor didn't clean bile properly, sewed mesh to my colan and did not tie ends properly second doctor had to put a heavy

duty mesh to correct . now I have a bulge that looks deformed on my stomach

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2022

An Arkansas attorney could advise best, but your post remains open for five weeks. I'm sorry for your ordeal. About your question about whether you could go to court, it will depend upon whether you can demonstrate you suffered damages as a result of a breach of a duty of medical care. That... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Arkansas on
Q: I was attacked by a security guard at a hospital while on a 72 hour hold for Suicide. The attack was unprovoked.

The Little Rock police department is investigating for felony charges. The whole incident was on video. I’m wanting to sue them but I have never had to search for a lawyer before much less understanding all the areas of practice.

Patrick R. Lee
Patrick R. Lee
answered on Sep 6, 2019

You should consult an attorney with experience in intentional torts. If this security guard truly did attack you unprovoked, and the whole incident is on video, you could have a strong case against both the security guard and the hospital for any injuries you sustained in the attack.

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... View More

Michael Darren O'Quinn
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... View More

1 Answer | Asked in Medical Malpractice for Arkansas on
Q: Can a girlfriend of boyfriend X-ray a minor (6&9) without written consent on one of the parents? Xrayed for fun

Xrayed for fun while left with her at work.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 4, 2018

The girlfriend cannot do that! It seems incredibly reckless in my opinion.

1 Answer | Asked in Medical Malpractice for Arkansas on
Q: I need to find a lawyer that don't mind just getting what the law allows malpractice suit for wrongful death
Richard Lane Hughes
Richard Lane Hughes
answered on May 29, 2018

This doesn't seem to be a question. However, be mindful that medical negligence causes have a short statute of limitations and most lawyers are unable to commit to a case until a good bit of investigation is done. So talk to an attorney and pursue your case as soon as you can.

1 Answer | Asked in Personal Injury and Medical Malpractice for Arkansas on
Q: Can a doctor be sued for personal injury, if it's well past the window for malpractice?

I had bypass in my groin that was done 3/01. Then I needed the replacement redone as it had worked for the expected time it was supposed to. 7/07 is when I went in because I had a blood clot in lower right leg. Dr. Did not replace it then , they did what they call a AFRO, basically it wasn't... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

No--the injury is from the malpractice, and the malpractice statute governs. Sorry! Suggest you contact a member of the Arkansas Assn for Justice--they give free consults. At least that way you know you asked around, and it is what it is, and however bad or wrong it was at this point you must give... View More

2 Answers | Asked in Medical Malpractice for Arkansas on
Q: How do you prove medical malpractice occurred?
Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

It's very difficult. Start by contacting a member of the Arkansas Trial Lawyers Assn who handles medical cases for the county where it happened or in the nearest large city if there are none in your area--they give free consultations. Follow their advice on what records to get and how.

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1 Answer | Asked in Personal Injury and Medical Malpractice for Arkansas on
Q: If you just discover a possible medical injury that was overlooked, can you bypass statute of limitations? A loop hole?

My son has severe non verbal autism. He was vaccinated while fighting a virus called RSV. Knowingly by his pediatrician.

Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2017

If it's your son, his statute for anything done before the age of 18 is his 20th birthday in most states. If he was under 18 when it happened and it's not yet his 20th birthday, contact a member of the Arkansas Trial Lawyers Assn who handles malpracticeissues.-they give free consults If... View More

1 Answer | Asked in Medical Malpractice for Arkansas on
Q: I had lung cancer surgery.after my surgery my voice has been hoarse.the Doctor say it maybe one year before .

I get it back.should I sue now or wait

Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

I would suggest you contact a member of the Arkansas Assn for Justice --they give free consultations. They may suggest waiting to see what progress it makes. Understand suing a dr. who perhaps saved you from lung cancer because you have hoarseness may not play well before most juries. But get the... View More

1 Answer | Asked in Medical Malpractice for Arkansas on
Q: Do I have a case?

I had foot surgery. I had a tailors bunion removed, a hammertoe fixed and two neuromas removed during the first surgery. When fixing the hammertoe/tailors bunion, the surgeon placed a permanent pin in my foot, that went through and punctured a neuroma that he missed, a third neuroma. Because of... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

Contact a member of the

Ark. Assn for Justice who handles medical cases. They give free consults.

1 Answer | Asked in Medical Malpractice and Personal Injury for Arkansas on
Q: I am having a hard time finding a lawyer. My daughter got a throat infection due to tommy tippee sippy cup being moldy.

My daughter was in the hospital for 2 days and almost died. Every lawyer contacted so far will not take the case. Could you please steer me in a good direction. I am close to Memphis Tennessee if there is any lawyers you know that would take the case.

Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

Unfortunately bringing the case is way more expensive than what you'd be likely to get. If every lawyer contacted --sounds like several--says no, then it's no. You can try to take whoever is responsible to small claims but they would need a letter saying it was the mold and nothing else.... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Arkansas on
Q: Can I sue a hospital if I was left alone, unable to walk and I hit my head and pass out. Now I have a concussion

I went to the er for an allergic reaction, the toke me straight to the waiting room. I asked one of the workers if she could take me to the restroom. She had to help me to the toilet because I was barely able to walk. She then leaves me alone in the bathroom. I get up to pull my pants up and next... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 31, 2016

It is difficult to know if the injury portion fell below the standard of care. Given you were in the bathroom, most people want privacy, so it might have been OK to leave you there. The other issue is damages, and all you suffered was a concussion, to which you may not have any permanent damages to... View More

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1 Answer | Asked in Medical Malpractice for Arkansas on
Q: 52 year old women with history of high bp went to regular check up bp was 200/180 her dosage was up sent home she died

She died later on that night from.a heart attack is that negligence pr malpractice

Adam Studnicki
Adam Studnicki
answered on Aug 20, 2015

There is not enough information here to answer this question. Talk to a medical malpractice lawyer in your area about this matter. An attorney can help evaluate the claim and advise about how to proceed. Most medical malpractice lawyers offer free consultations. You can search for lawyers using... View More

1 Answer | Asked in Medical Malpractice and Products Liability for Arkansas on
Q: I was implanted with a permanent device that was only 1/2 done. Instead of inserting 2 coils I only had 1.

On the manufacturer's website it says it's not right for me if only 1 could be inserted but still the dr. only put in one abandoning one tube. I didn't know it was only 1 coil until I became pregnant years later. I had to have a hysterectomy to remove the device half done by the... View More

Adam Studnicki
Adam Studnicki
answered on Aug 3, 2015

More information is needed to answer. A local medical malpractice lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and...
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1 Answer | Asked in Medical Malpractice for Arkansas on
Q: The incident involves a pulmonalogist with a medical service facility. I have seen this doctor over a nine month period

The treatment is therapeutic phlebotomy to treat COPD and cardio hypertension. The results sought was to reduce blood volume pressures on my heart and lungs. I had two previous treatments where 1 unit 500ml drawn. On the third treatment he ordered 2units 1000ml withdrawn. I was unable to use... View More

Adam Studnicki
Adam Studnicki
answered on Jul 16, 2015

You have to prove negligence and that the negligence caused you injury. If you are suffering emotional distress without a physical injury, it may be hard to find a lawyer on a contingency fee.

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