Bruce L. Mulkey’s Answers

Bruce L. Mulkey

Rogers Medical Malpractice Attorney.

Contributor Level 6
  1. Can I sue a underinsured driver?

    Answered over 1 year ago.

    1. Bruce L. Mulkey
    2. Justin Minton
    3. George Costas Andriotis
    4. Andrew Daniel Myers
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Unless the driver had sufficient assets to satisfy a judgment exceeding his insurance limits and yours without rendering him or her eligible for bankruptcy...then probably not. You need to be very careful and make certain that you do not attempt to resolve your claim against the driver (or his or her insurance carrier) without stepping through the hoops enacted by our state legislature for proceeding with a claim against your own company for the underinsured coverage. I would strongly...

    4 lawyers agreed with this answer

  2. Can I sue the hospital? & if so what would be the name of the wrong doing?

    Answered over 1 year ago.

    1. Bruce L. Mulkey
    2. Joseph Jonathan Brophy
    3. David Ian Schoen
    4. Christian K. Lassen II
    5. Marc Edward Stewart
    5 lawyer answers

    A cause of action for medical malpractice would exist if the first hospital's health care providers were negligent (acted beneath the standard of care) and that negligence resulted in harm your son. Based upon what you were told that may be the case. However, medical malpractice is complex and cost prohibitive such that most firms will not even accept a case for review unless the harm is extensive or catastrophic. Feel free to give me a call. I don't charge folks for talking to them about such...

    3 lawyers agreed with this answer

  3. Wrongful death settlement payment?

    Answered over 4 years ago.

    1. Bruce L. Mulkey
    2. James Otto Heiting
    3. Alan James Brinkmeier
    3 lawyer answers

    No, it is not standard. Under Arkansas law proceeds from a wrongful death settlement do not become an asset of the decedent's estate and pass directly to the statutory beneficiaries. There is usually no reason to delay distribution. Sounds strange to me.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Can I make a claim for compensation

    Answered over 1 year ago.

    1. Inga L Stevens
    2. George Costas Andriotis
    3. Christian K. Lassen II
    4. Bruce L. Mulkey
    5. Jason Todd Studinski
    5 lawyer answers

    (Yes...there is an England, Arkansas... and a Paris and a London and a Stuttgart.) Given that the medical provider should have been aware of your allergy (and obviously was) then it most likely was beneath the standard of care to administer the penicillin. (Only another healthcare provider with knowledge can say for sure.) However, unless you suffered serious injury as a result of the negligence then it is doubtful that the harm would be significant enough justify the expense of a lawsuit......

  5. Used tissues found in my shopping bag...

    Answered over 4 years ago.

    1. Bruce L. Mulkey
    1 lawyer answer

    Aside from contacting the store manager and complaining, I doubt very much you can do anything about it. I would have put everything back into the bag, washed my hands and returned it to the store. It would only be actionable in a legal sense if you could prove that you contracted some desease directly from your exposure to the tissue...in other "lawyer" words, you suffered damages; some employee at the store had the specific desease; that the tissues ended up in your bag either intentionally...

  6. "Utilizing rule 8.4 and 8.3 to entice litigation" (Arkansas)

    Answered over 4 years ago.

    1. Bruce L. Mulkey
    1 lawyer answer

    Violation of a rule of professional conduct may get the guilty attorney in trouble with the bar but does not ordinarily give rise to a cause of action. Thus your question is unclear with respect to how the defendant's attorney "used that information to instigate a counter claim." An attorney has a professional obligation to pursue a case with zeal and his or her obligations within the case...like moving for summary judgment, if one is called for, should not turn on payment. However, it sounds...

  7. Personal injury damage

    Answered over 4 years ago.

    1. Elizabeth Taylor Herd
    2. John A. Day
    3. Bruce L. Mulkey
    4. S Edmond ElDabe
    4 lawyer answers

    You need to take the contract you are referencing, along with the relevant medical records and bills, to an attorney licensed in your state. I would find one that handles nursing home abuse or medical malpractice cases. (At least take your story and the contract.) Much may depend on the type of "residential care" facility you are referring to.