When a healthcare provider’s negligence causes you harm, the consequences can be devastating. Medical errors injure thousands of patients annually, and many families struggle to understand their legal options. At Odom Law Firm, we represent victims of medical malpractice throughout Arkansas and nationwide. Our experienced personal injury attorneys in Fayetteville have recovered millions in settlements and verdicts for clients harmed by physician negligence, surgical errors, misdiagnosis, and hospital negligence. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Why Choose Odom Law Firm for Your Medical Malpractice Claim?
Since 1982, Odom Law Firm has protected injured patients throughout Arkansas, earning a reputation for thorough representation and substantial results in complex medical cases. With over 100 combined years of personal injury experience, our dedicated attorneys focus exclusively on helping victims of medical negligence and hospital errors.
Clients turn to us for these strengths in medical malpractice litigation:
- Decades of combined experience in medical negligence, misdiagnosis, birth injury, surgical error, and hospital claims.
- Results for malpractice victims such as:
- $4.715 million verdict for a VA pathologist’s cancer misdiagnosis.
- $4.26 million settlement for harm caused by a pathologist’s failure to diagnose cancer in multiple patients.
- $3.5 million settlement for failure-to-diagnose-and-treat cancer.
- $2.8 million settlement for hospital negligence (failure to diagnose stroke, resulting in brain injury).
- Immediate case investigation and access to top medical and expert resources.
- Former insurance adjuster perspective ensures competitive negotiation and trial strategies.
- Contingency representation—clients pay nothing unless we recover damages for medical harm.
We guide each client through the legal process with focused communication and full advocacy, aiming to maximize every recovery and ensure future medical needs are addressed.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in injury to a patient. To establish a valid medical malpractice claim in Arkansas, four essential elements must be proven:
- Duty of Care:Â The healthcare provider owed you a legal duty to provide competent medical treatment
- Breach of Duty:Â The provider failed to meet the standard of care through negligent action or inaction
- Causation:Â The provider’s breach directly caused your injury or worsened your condition
- Damages: You suffered measurable harm—medical expenses, lost wages, pain and suffering, or permanent disability
Each element requires evidence, often including expert testimony from medical professionals. Without all four elements, a claim cannot succeed. Our attorneys understand these requirements and build compelling cases supported by medical experts who testify about the standard of care and how the defendant provider fell short.
Common Types of Medical Malpractice Cases
Medical errors take many forms. Some occur in hospitals, others in private practices or surgical centers. At Odom Law Firm, we handle the full range of medical malpractice claims:
- Failure to Diagnose:Â Physicians miss cancer, heart disease, stroke, or other serious conditions, delaying critical treatment
- Surgical Errors:Â Wrong-site surgery, retained surgical instruments, anesthesia errors, or improper surgical technique
- Medication Errors:Â Incorrect dosages, dangerous drug interactions, or prescribing medications to which patients are allergic
- Anesthesia Errors:Â Improper monitoring, inadequate anesthesia, or failure to manage airway complications
- Birth Injuries:Â Negligent obstetric care causing cerebral palsy, Erb’s palsy, or other permanent injuries
- Misdiagnosis and Delayed Treatment:Â Incorrect diagnosis leading to wrong treatment or failure to treat promptly
Our firm has recovered substantial compensation in cases involving cancer misdiagnosis, stroke misdiagnosis, pathologist errors, and hospital negligence. We understand the medical and legal complexities of these cases and know how to challenge healthcare providers and their insurance companies.
The Medical Malpractice Claims Process in Arkansas
Understanding the steps involved in pursuing a medical malpractice claim helps you know what to expect. Our process is thorough and designed to build the strongest possible case:
- Initial Consultation:Â We meet with you to discuss your medical history, the care you received, and your injuries. This consultation is free and confidential
- Medical Records Review:Â We obtain and analyze all relevant medical records to identify where the standard of care was breached
- Expert Witness Retention:Â We engage qualified medical experts in the defendant’s specialty to review the case and provide opinions on whether negligence occurred
- Investigation:Â Our team investigates the healthcare provider’s background, training, and history of similar incidents
- Demand Letter:Â We prepare a detailed demand letter presenting the evidence of negligence and the damages you’ve suffered, sent to the defendant’s insurance company
- Negotiation: We negotiate with the insurance company to reach a fair settlement
- Trial Preparation:Â If settlement negotiations fail, we prepare your case for trial, including witness preparation and evidence organization
- Trial or Settlement:Â Most cases settle, but we are prepared to take your case to trial if necessary to obtain fair compensation
Throughout this process, we advance all costs—expert fees, court costs, medical record retrieval—so you have no out-of-pocket expenses.
Statute of Limitations for Medical Malpractice in Arkansas
Time matters in medical malpractice cases. Arkansas law imposes a statute of limitations—a deadline for filing your lawsuit. Generally, you have two years from the date you discovered (or reasonably should have discovered) your injury to file a claim. This is known as the discovery rule, as established in Arkansas Code Annotated § 16-114-203.
However, important exceptions apply. For minors, the statute of limitations may be extended. If a foreign object (such as a surgical instrument) is left inside your body, the clock may restart when the object is discovered. These exceptions can significantly impact your case, which is why consulting an attorney promptly is important.
Waiting too long to pursue your claim can result in losing your legal rights entirely. Insurance companies and defense attorneys often use delay tactics, hoping you’ll miss the deadline. We act quickly to protect your rights and preserve evidence while memories are fresh and medical records are readily available.
Frequently Asked Questions About Medical Malpractice
How much is my medical malpractice case worth?
The value of your case depends on several factors: the severity of your injury, your medical expenses (past and future), lost wages, your age and life expectancy, and the degree of pain and suffering. Cases involving permanent disability or wrongful death typically result in higher compensation. Our firm has recovered verdicts and settlements ranging from hundreds of thousands to millions of dollars. We evaluate each case individually and provide an honest assessment of its value based on comparable cases and the strength of the evidence.
Do I have to go to trial?
Most medical malpractice cases settle before trial. However, settlement requires the insurance company to offer fair compensation. If they refuse, we are prepared to take your case to trial. Our attorneys have extensive trial experience and are not intimidated by defense counsel. We prepare every case as if it will go to trial, which often results in better settlement offers.
How long does a medical malpractice case take?
Medical malpractice cases are complex and typically take 1 to 3 years from filing to resolution. The timeline depends on the complexity of the medical issues, the number of experts involved, court schedules, and whether the case settles or goes to trial. We keep you informed throughout the process and work efficiently to resolve your case.
Will I have to pay upfront legal fees?
No. We represent medical malpractice clients on a contingency fee basis. You pay nothing upfront. We advance all costs—expert fees, court costs, medical record retrieval—and recover our fees only if we obtain a settlement or verdict in your favor. If we don’t recover compensation, you owe us nothing.
What evidence do I need for a medical malpractice claim?
You don’t need to gather evidence yourself. We handle that. We obtain your medical records, consult with medical experts, and investigate the healthcare provider’s conduct. The key evidence includes your medical records, expert testimony establishing the standard of care and how it was breached, documentation of your injuries and damages, and evidence of the provider’s qualifications and training.
Can I sue a VA hospital for medical malpractice?
Yes, but the process differs from suing a private healthcare provider. VA medical malpractice claims fall under the Federal Tort Claims Act (28 U.S.C. § 1346). These cases have different procedural requirements and damage caps, but they are winnable. Our firm has successfully handled VA medical malpractice cases, including securing a $4.715 million verdict against a VA pathologist who failed to diagnose cancer. We understand the aspects of federal healthcare claims and know how to work through the FTCA process.
Get the Justice You Deserve After Medical Negligence
If you or a loved one has suffered due to medical negligence, don’t wait to take action. Contact Odom Law Firm today to discuss your case with an experienced attorney. Our team is dedicated to holding negligent medical professionals accountable and securing the compensation you deserve for your injuries, lost wages, and suffering.
Call 479-442-7575 now for a free, no-obligation consultation. We proudly serve clients throughout Arkansas and nationwide, and you pay no fees unless we recover compensation for you.
