A medical malpractice lawyer helps you prove that a healthcare provider deviated from the accepted standard of care and caused your injury, then works to recover fair compensation for your medical bills, lost income, and pain and suffering. These claims are document-heavy, deadline-sensitive, and generally require expert medical testimony, which makes it difficult to build a strong case without legal representation.
You won't see McMath Woods P.A. on a billboard or in a TV commercial. For more than 70 years, the firm has represented Arkansans in medical malpractice and medical negligence claims, deliberately keeping its caseload small so that clients work directly with attorneys.
This article walks through the specific ways a lawyer helps at each stage of a medical malpractice case, from investigation through settlement or trial.
What Does a Medical Malpractice Lawyer Investigate?
A medical malpractice lawyer reviews your medical records to determine whether a healthcare provider deviated from the accepted standard of care and whether that deviation caused your injury.
This typically involves:
- Requesting and reviewing complete medical records from every provider involved;
- Consulting with qualified medical experts to evaluate the standard of care;
- Identifying which providers, facilities, or manufacturers may share liability; and
- Determining whether the case involves a surgical error, misdiagnosis, medication error, or another type of medical mistake.
How Does a Lawyer Handle Filing Deadlines and Documentation?
Arkansas law generally requires medical injury claims to be filed within 2 years of the wrongful act, under Ark. Code Ann. § 16-114-203. Missing this deadline typically bars the claim entirely, regardless of how strong the underlying case is. A lawyer tracks these deadlines, prepares and files the required court documents, and ensures supporting documentation, including medical records, bills, and expert reports, is properly submitted.
How Does a Lawyer Negotiate With Insurance Companies?
Insurance companies and hospital risk management teams routinely respond to malpractice claims with denials or low settlement offers.
A lawyer negotiates on your behalf using the medical record, expert opinions, and documented damages to counter these tactics, including:
- Countering denial letters with expert testimony and documented breaches of the standard of care;
- Presenting a full accounting of past and future medical costs, lost income, and diminished earning capacity;
- Rejecting lowball offers that don't reflect the true value of pain, suffering, and long-term impact; and
- Preparing the case for trial so the insurer knows the firm is ready to litigate and be tried to a jury.
If a fair settlement cannot be reached, an experienced team of trial attorneys can take the case to court rather than accept an inadequate offer.
What Compensation Can a Lawyer Help You Recover?
Arkansas does not cap medical malpractice damages.
The Arkansas Constitution, Article 5, § 32, has repeatedly served as the basis for the Arkansas Supreme Court to strike down legislative attempts to limit recovery, including in Bayer CropScience LP v. Schafer, 385 S.W.3d 822 (Ark. 2011), which invalidated a punitive damages cap.
Depending on the facts of your case, a medical malpractice attorney can help you pursue:
- Past and future medical expenses;
- Lost wages and diminished earning capacity;
- Pain and suffering and mental anguish; and
- Wrongful death damages, where applicable.
What to Do Next If You Suspect Medical Malpractice
Getting through a medical malpractice claim on your own, especially while recovering from an injury, is not something you should have to face alone.
For more than 70 years, McMath Woods P.A. has represented Arkansans in medical malpractice and medical negligence cases, including claims involving surgical errors, delayed diagnosis, and hospital negligence. The firm intentionally limits the number of cases it accepts so that clients work directly with their attorney, including experienced medical malpractice attorneys.
Our attorneys can review your medical records, explain your legal options, and help you pursue the compensation you deserve. Contact McMath Woods P.A. to schedule a free case evaluation.
Disclaimer: The information on this page is provided for general educational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes.
