Avondale Medical Malpractice Lawyers | Phillips Law Group
If you were harmed due to the negligence of a medical professional, you may have grounds to take legal action for medical malpractice.
Our attorneys at Phillips Law Group have over two decades of experience advocating for victims’ rights, recovering millions of dollars in compensation on behalf of our clients. This includes $3 million for a victim who sustained brain damage and $470,000 for the family of a victim who died due to a delay in treatment.
Contact our Avondale medical malpractice attorneys to schedule a free, no-obligational legal consultation. There are no upfront fees if you decide to hire us. We only collect payment if you obtain a recovery.
See how we may be able to help. Call 1-800-706-3000 .
Why Medical Malpractice Happens
Medical malpractice can happen in many different scenarios. For instance, a doctor could perform on the wrong body part, or the medical staff could fail to properly sterilize equipment before a scheduled operation.
The majority of medical malpractice claims fall within at least one of these categories:
- Failure to properly diagnose ”“ You may have a claim if a capable medical professional would have discovered your condition or made a different diagnosis that would have improved your outcome.
- Failure to accurately treat ”“ You may have a claim if a medical professional treats you in a way that another medical professional would have done differently to provide you with the correct care.
- Failure to effectively warn ”“ You may have a claim if a medical professional failed to warn you of any known risks of a treatment or procedure and subsequentially caused you harm or injury.
Being Able to Prove Medical Malpractice
Proving that medical malpractice occurred means establishing that the doctor, nurse, or other health care provider failed to provide a reasonable standard of care when treating his or her patients. Although this sounds straightforward, proving this can be difficult in a medical malpractice claim without legal help.
An Avondale medical malpractice attorney from our firm is prepared to help you establish the following:
- A doctor-patient relationship existed
- The medical professional owed a duty of care
- A breach of duty occurred due to the medical professional’s negligence
- The medical professional’s negligence directly caused your injury
- The injury resulted in you suffering damages, such as medical bills
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How Medical Negligence is Different Than Medical Malpractice
Although both terms share similarities, they are distinctly different.
Medical negligence happens when a mistake by a medical professional causes a patient harm. This mistake, error or oversight is both unintentional and was not known at the time treatment was being given.
Medical malpractice on the other hand is when a medical professional knew or should have known the possible consequences of acting or failing to act with reasonable care. He or she did not perform his or her duties within the acceptable medical standard of care and this caused a patient to suffer an injury or death.
Compensation for Medical Malpractice Victims
Victims of medical malpractice may be able to pursue compensation for any injuries and damages endured. The type and amount of damages will depend on a case-by-case basis, but generally could include:
These damages help victims get reimbursed for financial hardships. Examples include:
- Medical expenses (past, current and future)
- Prescription medications
- Emergency services
- Travel costs to and from doctor visits
- Hospital stays
- Medical tests
- Loss of wages
- Loss of future earning capacity
- Funeral or burial costs
These damages help victims to get reimbursed for physical and emotional hardships. Examples include:
- Physical pain and mental suffering
- Emotional distress
- Diminished quality of life
- Loss of enjoyment of life
- Loss of companionship
In Arizona, punitive damages may also be awarded, but in rare cases. These damages are meant to punish the negligent party for their malicious or intentional acts and discourage others from doing the exact same thing.
If you need legal help, call our Avondale medical malpractice lawyers 24/7: 1-800-706-3000
Taking Legal Action for Medical Malpractice
The state of Arizona adheres to a statute of limitations, which sets a specific deadline to file certain claims. Waiting too long to file could result in losing your right to take legal action and seeking compensation.
In most instances, victims typically must file within two years from the date the malpractice occurred. There might be some exceptions to the deadline dependent upon your unique situation. You could be asked to file before or after the two-year window. If your injury was not immediately discovered, the clock could start running on the date you discovered, or reasonably discovered, the injury.
There are many variables, which is why we recommend reaching out to our legal team as soon as possible.
Do I Have to Pay Taxes on a Medical Malpractice Settlement?
You generally do not have to pay taxes on any settlement award related to a physical injury or illness. This is in accordance with the Internal Revenue Service (IRS). You may, however, have to pay taxes on a settlement award for mental anguish or emotional distress. Punitive damages awarded are also almost certainly taxable.
Common Forms of Medical Malpractice
Medical malpractice by a negligent medical professional can happen during the course of any patient’s treatment. The most common forms include:
This can happen if a medical professional does not properly recognize or diagnose a patient’s condition, yet another medical professional with the same education, training and experience would not have made this same error. A misdiagnosis can cause a patient’s condition to worsen without the right treatment, which could be fatal.
If a medical professional prescribes a medication that interacts badly with another prescription a patient is already taking, or prescribes the incorrect dosage or wrong medication, serious side effects, allergic reactions or, in the worst-case scenario, deadly overdoses may occur.
Surgical errors can lead to a patient suffering from an infection, including sepsis, or other serious injuries that could be fatal. This type of error can happen when a surgeon performs on the wrong patient, the wrong body part, leaves a surgical tool inside the patient’s body or does not properly sterilize equipment.
Errors that happen when an anesthesiologist in an operating room administers too much or too little anesthesia, fails to check a patient’s history for known allergies or previous surgical complications, or does not properly check the vital signs of a patient during a procedure may result in a brain injuries and death.
This can happen when a medical professional causes harm to a child and potentially the mother during labor and delivery by failing to identify fetal distress or an ectopic pregnancy, delaying a C-section, or improperly using birthing tools. Birth injuries can result in nerve damage, cerebral palsy and paralysis.
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Call an Avondale Medical Malpractice Attorney to Learn More
If you or a loved one has become the victim of medical malpractice, you may be able to take legal action against the negligent medical professional who caused you or your family harm, injury or death.
We are ready to review your situation and discuss your potential legal options in a consultation that is 100 percent free and confidential. There are no upfront costs involved, and no fees for our services unless we first help you to obtain compensation.
Phillips Law Group. We are here to help. Call our firm anytime: 1-800-706-3000 .
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