Medical malpractice is negligence caused by the acts or omissions of a healthcare provider, like doctors, nurses, and hospital staff. Malpractice can lead to injuries, illness, or the death of a loved one. Though most board-certified medical care providers are highly competent, medical errors kill or permanently disable roughly 98,000 Americans every year. If you or a loved one has been the victim of medical malpractice in Arizona, Arizona Attorney Lawyers are here to help you.
Medical Malpractice Lawsuit Requirements
Not all mistakes in medical treatment are due to negligence or incompetence, and, even when they are, the injuries must meet certain qualifications. Just because a doctor or nurse makes a mistake, it doesn’t necessarily mean the victim can file a lawsuit. The victim must have suffered real harm that leads to the need for further medical care or directly impacted a person’s future. Examples harmful negligence or incompetence include:
- Leaving a sponge inside a person after surgery
- Operating on the wrong part of the body
- Giving a person the wrong prescription drug
- Birth trauma
- Brain trauma
- Failure to diagnose cancer
- Unnecessary operations
- Defective orthopedic or cosmetic implants
- Anesthesia errors
- Performing tests incorrectly
Part of the responsibility of a medical professional is also to make the patient aware of any risks or consequences of a procedure or treatment. If a patient chooses a course of action that is damaging, but no one ever informed him or her of the risks, the doctor may be liable in a medical malpractice suit.
Proving Medical Malpractice
An Arizona attorney will prove medical malpractice in three ways:
- Relationship – A doctor-patient relationship is typically established when a physician or other health care provider agrees to tend to the patient’s medical needs by making a diagnosis and/or providing treatment, making them possibly liable for the outcome.
- Negligence – Proving that the healthcare provider (doctor, nurse, etc.) was negligent, or “fell below the standard of care.”
- Causation – Proving the healthcare practitioner exhibited negligent conduct that directly resulted in the injuries in order to pursue the case.
- Damages – Identifying the physical and emotional injuries that you or your loved one suffered due to medical malpractice.
To obtain this information, the Arizona Attorney Lawyers team will start by:
- Reviewing and analyzing your case with our on-staff nurse
- Working with hospitals, nursing homes, and other healthcare providers to obtain your medical records
- Working with physicians to review your case and to provide expert testimony
- Consulting with other law firms in the Phoenix area
- Gathering expert witnesses
In Phoenix, Arizona, plaintiffs have two years from the time he or she discovered there was an injury. There are exceptions to this rule, however, it’s best to consult an experienced Arizona attorney as soon as possible to ensure the best possible outcome for you.
If you or a loved one is a victim of medical malpractice, you may be entitled to compensation for:
- Lost income from inability to work
- Additional medical bills
- Pain and suffering
Contact the office of Arizona Attorney Lawyers today to learn more about medical malpractice lawsuits.