You have a right to expect that the doctors, nurses, and other professionals who provide your medical care will safeguard your health and well-being. Unfortunately, that is not always the case. If a healthcare provider’s actions or inaction has caused you harm, you have the right to demand justice. An experienced Phoenix medical malpractice lawyer can help you understand your legal options for pursuing financial compensation for your losses.
At Silkman Law Firm Injury & Accident Lawyer, we have earned a reputation for standing up for people who have been hurt by careless healthcare providers. We have the experience and the resources to take on deep-pocketed hospitals, care facilities, and insurance companies. We also have the skills to investigate these complex cases and uncover all potentially liable parties.
Contact us today to speak with an experienced medical malpractice attorney in Phoenix. We will review your case for free and explain what to expect with your malpractice claim. You can also rest easy knowing that we do not charge any fees unless we recover payment for you.
What Do You Have to Prove in a Medical Malpractice Claim?
Not every adverse outcome of medical treatment justifies a medical malpractice claim. The law recognizes that a patient may suffer an adverse outcome despite a medical provider’s best efforts. To win compensation in a medical malpractice claim, you will need to prove that you were treated in a way that failed to comply with the applicable standard of care justified by your symptoms, and that this failure led to your subsequent injury.
Although the standard of care differs from case to case, it is generally defined as the actions and decisions that other reasonable medical providers of similar training and experience would undertake in identical or similar circumstances to yours. In other words, if other medical providers would have acted in the same way as your healthcare provider did, you are unlikely to succeed with a medical malpractice claim.
Process for Filing a Medical Malpractice Claim in Arizona
The process for filing a medical malpractice claim in Arizona begins with an investigation of the facts and circumstances surrounding your treatment. This includes obtaining copies of your medical records as well as other relevant documentation, such as provider notes or staffing records. Your medical malpractice attorney will review these records for evidence that your healthcare provider or providers rendered substandard care.
During this investigation process, your attorney will likely retain the assistance of a medical expert, usually another healthcare provider of the same or similar specialty to the provider or providers whom you believe caused you harm. In Arizona, medical malpractice claimants are normally required to obtain an expert report that explains the factual basis for the claim and what acts or omissions by your medical providers violated the applicable standard of care.
Once you have an expert report setting forth the basis for your medical malpractice claim, you will present your demand for compensation to the at-fault providers or healthcare facilities. This begins the settlement negotiations process, in which you and the other side will try to agree on an amount of compensation that you will accept in order to settle your claim without the need for litigation.
However, if a fair settlement cannot be reached, you may eventually need to file a medical malpractice lawsuit. The litigation process begins with the filing of your complaint with the court. The other side — called the defendant — then files an answer in response to your allegations. After the pleadings are filed, both sides will engage in discovery, wherein they exchange evidence and information and take depositions of witnesses to try to narrow down the issues for trial.
If a lawsuit is not resolved with a settlement or by the court dismissing or granting judgment in the case on a motion, the case will eventually proceed to trial. At this point, the parties will present their respective cases and cross-examine each other’s evidence and witnesses. At the end of the trial, the court will issue a verdict in favor of one party.
Common Types of Medical Malpractice
Common examples of medical malpractice in Phoenix, AZ, include:
- ER malpractice, including premature discharge
- Hospital malpractice, including nursing malpractice or hospital-acquired infections
- Anesthesia errors, such as miscalculating the proper dosage of anesthesia or failing to monitor a patient’s condition during surgery or medical procedure
- Medication errors, including dosage miscalculation, prescribing medications contraindicated by the patient’s medical history, or administering medication to the wrong patient
- Misdiagnosis or delayed diagnosis, including cancer misdiagnosis
- Birth injuries, such as hypoxic ischemic encephalopathy or cerebral palsy
- Surgical errors, including wrong patient/wrong site surgery or leaving materials or equipment inside of a patient
- Radiological errors, including excessive dosage of radiation or misinterpreting diagnostic imaging
These are far from the only types of medical malpractice that may befall patients in the Phoenix area. If you believe you have been injured as the result of improper medical treatment, contact our medical malpractice law firm today. Our experienced Phoenix medical malpractice attorney can review your injuries and allegations and help you determine whether you have a case.