Medical Malpractice Lawyer
Medical Malpractice Lawyer | The Benefits of Working with an Experienced Lawyer
Generally, medical malpractice in Arizona means that a doctor, nurse, or other licensed health care provider did not use the care, skill, and learning expected of a reasonable, prudent provider in the same field, acting in the same or similar circumstances, and that this caused the patient’s injury or death.
Oftentimes, a medical error is at the root of the malpractice or negligence. This may occur during the course of a medical evaluation or in the administration of a treatment plan, as well as in any follow-up care that may be necessary.
If a patient suffers an injury as a result of subpar care, they may be entitled to financial compensation under medical malpractice law.
Between 15,000 and 19,000 medical malpractice suits are filed each year against doctors in the United States, as reported by the Medical Malpractice Center.
All of us rely on physicians, nurses and other medical professionals to correctly identify illnesses, carefully perform surgical procedures, and provide watchful treatment when we are ill. As in any profession, errors can happen, and sometimes a patient is hurt as a result. When that happens, the effects on a patient and their family can be serious and long-lasting.
Common Kinds of Medical Malpractice
Some medical errors are more common than others, but errors are possible in any medical setting. However, it is not enough to prove fault simply by showing that a mistake was made.
The patient must demonstrate that the error fell below the standard of care for the doctor’s specialty and that they were harmed as a direct result. In other words, neither dissatisfaction with the outcome of a procedure nor a mistake that did not cause harm to the patient constitutes grounds for a medical malpractice claim.
- Medication Errors
Even when the utmost care is taken, medical professionals like doctors, nurses, and pharmacists are not immune to making mistakes with patients’ prescriptions. If a medical professional falls below the standard of care while prescribing or giving medication and a patient is harmed as a result, they could be held responsible for damages.A doctor may prescribe medication for a condition that has been incorrectly diagnosed, which can lead to prescription errors.In other instances, a doctor or nurse may prescribe or give the incorrect dosage of medication. It is also possible for a nurse to mix up their patients and give the wrong medication to one of them. Or the wrong dosage could be given due to defective medical devices.
- Misdiagnosis
Occasionally, a physician fails to recognize and diagnose a condition that a qualified physician would have detected. This misdiagnosis may lead the ailment to evolve to a more severe state, necessitating more intensive treatment and causing the patient additional pain and suffering. In the case of a life-threatening illness such as cancer, an incorrect or delayed diagnosis may result in the patient’s demise.A plaintiff filing such a claim generally must present medical expert testimony explaining why a competent physician treating a similar patient would have made the correct diagnosis or diagnosed the problem sooner. In addition, an expert would have to describe the negative effects of the mistake or delay on the patient’s condition.
- Birth Injury
By failing to meet the professional standard of care, gynecologists, obstetricians, and other medical professionals involved in the birthing process might cause permanent injury to babies.Cerebral palsy, paralysis, nerve damage, developmental abnormalities, and fractures are among the conditions that may result from medical negligence (but commonly have innocent origins). Inadequate prenatal therapy or care can sometimes cause harm to the mother and child.
- Anesthesia and Surgical Errors
Some serious medical errors happen during surgery. Certain serious surgical errors are referred to as “never events,” indicating that the medical community agrees that they should never occur.In some cases, a patient may not need expert testimony because the error is so obvious that a person without medical training would recognize it. Leaving a sponge or other surgical item inside a patient’s body is one example of a “never” event.A doctor may potentially operate on the incorrect patient or body part, or they may inadvertently harm another area of the patient’s body during the treatment. Infections and problems following surgery can sometimes cause considerable injury if not managed correctly.
Anesthesia is a crucial component of the surgical procedure that should not be taken for granted. An anesthesiologist’s errors can have catastrophic results, including brain injury or damage and death.
An anesthesiologist may fail to evaluate a patient’s medical records for potential risk factors, offer an improper dose of anesthesia, or fail to monitor the patient’s vital signs while providing anesthesia. In some instances, the equipment used to deliver anesthetic may be defective, which may allow the patient to file a claim against the equipment’s manufacturer.
Legal Remedies Available Resulting from a Medical Malpractice Lawsuit
If a medical negligence claim succeeds, the remedy is usually monetary damages from the hospital or medical provider. This can be used to pay for additional medical expenses, medical bills, hospital fees, and treatments.
Some states limit the amount of damages in medical malpractice cases. Arizona generally does not: the Arizona Constitution says no law may limit the amount of damages recovered for causing the death or injury of any person (art. 2, section 31; see also art. 18, section 6).
Medical Malpractice Lawyers | How to Choose
If you or a family member were seriously injured due to the negligence of a physician, nurse, or hospital, you might have a medical malpractice claim. Choosing a lawyer is an important decision, and here are a few things to consider.
- Knowledge
Medical malpractice cases generally require medical expert testimony to show that the standard of care was not met and that this caused the injury, unless the error would be obvious to someone without medical training. Because these cases depend on medical evidence, it helps when an attorney can explain that evidence clearly.
- Track Record
It is reasonable to ask how much experience an attorney has with medical malpractice cases, including cases that went to trial. Past results do not predict the outcome of any future case.
- Experience
Although it is simple to discover attorneys in the phone book or on the Internet who handle a range of matters, including medical malpractice, it is important to recognize that medical malpractice cases can be complex. It helps when an attorney understands both the medicine and medical malpractice law.
- Reviews and Feedback
Feedback from former clients, such as published reviews, can give you a sense of how a lawyer communicates and treats people. Lawyers generally must keep client information confidential, so a lawyer may not be able to share a list of former clients.
- Ability to Fund the Lawsuit
Medical malpractice claims and economic damages can easily surpass $200,000 before trial. Numerous attorneys cannot advance such a huge sum of money, and some need their clients to pay as the case develops. This can cost you a substantial amount of money, which you likely cannot afford to advance to your attorney.
Benefits of Seeking Medical Malpractice Legal Help
You may not have considered hiring a lawyer if you’ve been harmed by medical negligence. However, there are several compelling reasons to retain an attorney if you wish to pursue a medical negligence lawsuit.
- Medical Malpractice Attorneys Will Correspond With Insurers on Your Behalf
When pursuing a medical negligence claim, corresponding with insurance companies can be exhausting. You may be so fatigued by the insurance company’s frequent requests for further paperwork that you consider giving up on your lawsuit.In this regard, an experienced medical malpractice attorney can make all the difference. An attorney for medical malpractice will assume responsibility for communicating with insurance companies.Because they have vastly greater expertise interacting with insurance providers, they help shorten the paperwork process so you may focus on your recovery.
- Attorneys Can Help With the Claims Process
An additional advantage of hiring a medical malpractice attorney is that they can guide you through the claims process.It is difficult to file a case, particularly if you have no knowledge of the law or lawsuits.Hiring a malpractice attorney is advantageous if you are submitting a medical malpractice claim. An experienced medical malpractice attorney is familiar with all parts of filing a lawsuit, such as working with medical experts, which these claims generally require.
- They Will Attempt to Secure You the Largest Possible Settlement
Most medical malpractice attorneys work on a “no win, no fee” basis, meaning that if they lose your case, you owe them nothing. There are two reasons why you profit from this:
- Since attorneys do not like to litigate a case in which they have little chance of winning, they will not waste your time or money if your case is weak.
- They are incentivized to obtain huge compensation for you since their costs will be deducted from that settlement.
If you have been harmed by medical negligence, you may have a claim for compensation, and a malpractice attorney can help you understand your options.
- Attorneys Have Access to Resources That You Do Not
A further advantage of hiring a malpractice attorney is that they have access to resources you do not have.
Malpractice attorneys have a vast network and can contact:
- Medical experts who can review the care and, if needed, testify.
- Insurance companies involved in the claim.
- Other legal professionals that can offer them support and direction as needed.
Medical Malpractice Attorney
Sometimes, medical professionals make mistakes that lead to serious harm or violation of patient rights. If you need help with a medical malpractice case, it’s recommended that you speak with a lawyer who specializes in this area.
An attorney who specializes in personal injury law will be able to guide you through the legal process and assist you in preparing the necessary paperwork. Compensation in a medical negligence case usually takes the form of money damages.
If you or a loved one has been hurt by a medical mistake, such as a surgical error or a misdiagnosis, the Accident Law Group is here to help. The Accident Law Group is here to help you make the best of a bad situation by fighting for your right to fair compensation and holding negligent medical professionals accountable.
Call us for a free consultation today at (602) 333-3333.
No Upfront Cost to Work With Our Medical Malpractice Law Firm
At the Accident Law Group you’ll never be treated as just “another case”. We recognize that each of our clients is a real person who has either personally experienced a traumatic medical injury or has been there for a loved one who has. We’re not just here to hold medical professionals accountable, we’re here to help you make the best of your circumstances and pursue fair compensation.
Whether we’re meeting with you at your location or you are coming into our office, you’ll always be in a comfortable and caring environment. Our entire staff is here to get to know you, your particular situation, and learn how we can help you move beyond your case and live a normal life.
We do this because we understand how difficult overcoming a medical trauma can be – it’s not just about the outcome of your case, it’s about moving on. Our focus on YOU individually and YOUR needs makes us even more compassionate about what we do and drives us to fight for your cause.
Medical Malpractice FAQ
Here are plain, careful answers to common questions about medical malpractice claims in Arizona, from what the law requires to deadlines and damages. This is general information, not legal or medical advice for your situation.
Generally, an Arizona medical malpractice claim requires showing two things. First, that a health care provider did not use the care, skill, and learning expected of a reasonable, prudent provider in the same profession or class in Arizona, acting in the same or similar circumstances. Second, that this failure was a cause of the injury (A.R.S. 12-563). A bad outcome alone is not malpractice. Medicine involves real risks, and complications can happen even with careful treatment. These claims can involve doctors, nurses, hospitals, and other licensed health care providers (A.R.S. 12-561).
Usually, yes. Arizona courts generally require expert testimony to show the standard of care and how it was not met, unless the error is so obvious that a person without medical training would easily recognize it, such as an object left in the body after surgery. When a claim is filed, the patient or attorney must certify whether expert testimony is needed and, if so, serve a preliminary expert opinion affidavit early in the case (A.R.S. 12-2603). Experts generally must be licensed and have spent most of the prior year practicing or teaching in the same field and specialty as the provider (A.R.S. 12-2604).
Arizona generally allows two years from when the claim accrues (A.R.S. 12-542). In medical malpractice cases, the Arizona Supreme Court has said the clock generally starts when the patient knew, or reasonably should have known, that the injury may have been caused by a provider’s negligence, not simply when the injury happened (Walk v. Ring, 2002). When that moment occurred can be disputed, so it is safer not to count on extra time. If a patient died, the two years are generally measured from the date of death. Different rules apply to minors and to public providers, as explained below.
For a child’s own medical malpractice claim, Arizona generally pauses the two-year filing period until the child turns 18 (A.R.S. 12-502), so the period usually begins then. A parent’s own claim, such as for the child’s medical bills, may follow a different deadline. If a public hospital or other government provider was involved, the notice of claim rule also applies, and a minor generally may file that notice within 180 days after turning 18 (A.R.S. 12-821.01). Because these rules interact in complicated ways, it can help to have the dates reviewed early by a lawyer.
Claims against a public entity or public employee, such as a county or state hospital or clinic, generally require a written notice of claim within 180 days after the claim accrues and a lawsuit within one year (A.R.S. 12-821.01 and 12-821). The notice must include facts explaining the claim and a specific amount for which it can be settled, with facts supporting that amount. It is not always obvious whether a hospital, clinic, or provider is public or private. VA facilities and some federally funded health centers generally follow separate federal claim rules, including a written claim to the agency (28 U.S.C. 2401(b)).
Before most treatments, a provider generally should explain the nature of the procedure, its likely results and risks, and reasonable alternatives, so the patient can make the decision (Hales v. Pittman, 1978). A lack of informed consent alone is usually not enough for a claim. Generally, a risk that was not disclosed must actually occur and cause harm, and the patient must show they would have declined the treatment if properly informed. Treatment given against a patient’s express wishes, or beyond what the patient agreed to, may be treated differently under Arizona law (Duncan v. Scottsdale Medical Imaging, 2003).
Generally, no. The Arizona Constitution says no law may be enacted limiting the amount of damages recovered for causing the death or injury of any person (art. 2, section 31), and that the amount recovered for injuries shall not be subject to any statutory limitation (art. 18, section 6). Both sections include a narrow exception for people harmed while committing a felony against a crime victim. The lack of a cap does not mean any claim has a particular value. Whether compensation is available, and how much, depends on the evidence, the injuries, and the losses in each case.
Yes. Arizona uses comparative fault (A.R.S. 12-2505). A provider may argue, for example, that a patient did not follow instructions, skipped follow-up care, or did not share important health history. If a jury finds the patient partly at fault, damages are generally reduced by that percentage rather than barred, with limited exceptions. Keeping copies of your records can help. Federal privacy law generally gives you the right to get copies of your medical and billing records from your providers, with few exceptions. When you are ready, call Accident Law Group at (602) 333-3333.
Related practice areas & guides
A medical injury can raise related questions. These pages may help you find related information.
- Ronda Kelso, associate attorney — focuses her law practice on medical negligence cases and was a nurse in Phoenix before law school
- Wrongful death attorneys — when an injury takes a loved one’s life
- Traumatic brain injury lawyer — head and brain injuries
- Product liability lawyer — when a defective medical device, drug, or other product may be involved
- Scar and disfigurement injuries — scarring after an injury or surgery
- Slip and fall lawyers — falls on unsafe property
- Car accident attorney — injuries from car crashes
- Pedestrian accident lawyers — people hurt while walking
- Frequently asked questions — general questions about injury claims
- Meet our attorneys — the Accident Law Group team
- Visit or contact us — offices in Arizona and New Mexico
When you are ready to talk, call (602) 333-3333 in Arizona or (575) 333-3333 in New Mexico.
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