Lake Havasu City Medical Malpractice Attorneys
When a patient is injured by a doctor or another medical professional who fails to adequately perform his or her medical duties, he or she may have a valid claim for medical malpractice.
The Lake Havasu City medical malpractice attorneys at Phillips Law Group have more than two decades of experience representing injury victims and their families and recovering millions in compensation for our clients. Some of these recoveries include $3,000,000 for a client who suffered brain damage due to a negligent doctor and $470,000 for the family of a client who passed away because of a delay in treatment.
To see if you could be eligible to pursue compensation, reach out to our legal team for a 100 percent free consultation. There is no risk or obligation involved. If you hire our firm, we charge no upfront fees and only expect payment if we help you successfully recover compensation through a settlement or verdict.
Call 1-800-706-3000 today for help with your claim.
How Does Medical Malpractice Happen?
Medical malpractice can happen in several situations, from a doctor leaving a medical tool inside a patient during surgery to a doctor prescribing a medication that interacts badly with a patient’s existing medications.
Most medical malpractice claims generally fall into one of following categories:
- Failure to diagnose – If a capable doctor would have discovered the patient’s condition or made a different diagnosis that would have led to an improved outcome, the patient may have a claim.
- Failure to treat – If a doctor treats a patient in a way that no other capable doctor would have or selects the proper treatment, but administers it inadequately, it could be grounds for a malpractice claim.
- Failure to warn – If a doctor does not warn the patient of known risks of a surgical procedure or treatment and causes the patient harm, the doctor could be liable for medical malpractice.
Proving a Medical Malpractice Claim
Proving medical malpractice generally comes down to proving the doctor or medical professional did not provide care that met accepted medical standards and the patient suffered an injury. However, this is not as simple as it sounds.
Medical malpractice claims are often complicated, and you need legal and medical knowledge to validate them. With the help of an attorney, a few things need to be established:
- A doctor/patient relationship existed – The doctor agreed to provide you with some type of diagnosis or treatment. Once that relationship is established, the doctor owed you a duty of care.
- The doctor failed to uphold the duty of care – The doctor did not meet the medical standard of care. This is the level and type of care that a reasonable and competent medical professional with the same education and experience would have provided under similar circumstances.
- The doctor’s actions caused your injury – You directly suffered an injury or harm because of the doctor’s careless actions. This could be proven through statements from other doctors, expert witness testimony, as well as photo and video evidence.
- Your injury caused you to suffer damages – These damages could include the amount of wages that were lost or any out-of-pocket medical costs to help treat and recover from your injuries. There are many other types of damages that may be available.
Have questions about the legal process? Call our attorneys at 1-800-706-3000.
Medical Negligence Compared To Medical Malpractice
The difference between these two concepts can be difficult for victims to understand.
Medical negligence occurs when a mistake causes an injury to a patient. The mistake was not intentional and was not known at the time treatment was being provided. Medical negligence often involves unintentional errors, mistakes or oversights.
A doctor may be liable for medical malpractice when he or she fails to perform up to the acceptable medical standard of care and this directly causes injury or death. The doctor is aware or should be aware of the potential consequences of acting or failing to act.
Forms of Compensation That May Be Available
If you have a case, you may be eligible to recover compensation for the damages you have suffered. The amount and types of damages will depend on your situation. In the event you lost a family member from medical malpractice, you or other surviving dependents may be able to recover damages on his or her behalf.
Damages in medical malpractice cases could include the following:
Economic and Non-Economic Damages
Economic damages help reimburse victims for financial costs. This could include medical expenses related to treatment or therapy, lost income from missed time at work to recover from an injury, and future reasonable medical care needed. These damages can be supported by documentation, such as hospital bills or pay stubs.
Non-economic damages are less easy to quantify because they have no defined dollar amount. This could include physical pain and mental suffering the victim has endured, diminished quality of life and loss of enjoyment of life. These damages can be supported with more than just documentation such as an injury journal, but could include witness testimony from the victim, his or her friends and family as well as medical experts.
Punitive damages are relatively uncommon but may be awarded in certain situations. The purpose of these damages is to punish the medical professional for their malicious or intentional conduct and discourage others from doing the same.
If you suffered an injury at Kingman Regional Medical Center or another medical facility in Kingman or Lake Havasu City, our Lake Havasu City medical malpractice attorneys are ready to help.
Filing a Medical Malpractice Claim in Arizona
Arizona follows a statue of limitations that sets a limit on the amount of time you have to file a claim. Failure to adhere to this deadline may result in losing your right to file and pursue compensation for your damages.
For most medical malpractice cases, you generally have two years from the date of the injury to file. There could be some exceptions to the statute depending on the particulars of your situation. You may be required to file before the deadline or have the two-year deadline extended.
If you did not immediately discover your injury when it happened, which is common in medical malpractice cases, the two-year clock will not start to run until you discover the injury or should have discovered it with reasonable care. Minors who suffer an injury caused by medical malpractice will have two years from their 18th birthday to file a claim.
Every case is unique. That is why we recommend that you reach out to a dedicated Lake Havasu City medical malpractice lawyer from Phillips Law Group for legal help.
Fill out a Free Case Evaluation form to get started.
Am I Required to Pay Taxes For A Medical Malpractice Settlement?
The Internal Revenue Service (IRS) generally counts any money related to physical injuries or illness as nontaxable. This could include compensation for physical pain and suffering. However, mental anguish or emotional distress may be taxable, unless they are related to your injury or illness.
Punitive damages are almost always taxable, even if directly related to your injury or illness.
Different Types of Medical Malpractice
Medical malpractice can arise during any stage of treatment. Some of the most common are:
A misdiagnosis can happen when a doctor fails to recognize or diagnose a patient’s condition when a competent doctor would have been able to. This can cause the condition to progress to a more advanced stage, requiring extensive treatment and causing the patient more pain and suffering. An inaccurate or late diagnosis of a serious condition such as cancer could be fatal.
Errors during surgical procedures can result in life-altering injuries such as disfigurement, disability or death. These errors can happen when a surgeon or surgical team leave a sponge or instrument in a patient’s body, operate on the wrong patient or body part, or fail to sterilize surgical equipment leading to an infection.
Mistakes made by an anesthesiologist during a surgical procedure can cause devastating consequences, such as brain injuries and death. These mistakes happen when an anesthesiologist fails to review a patient’s medical history for allergies, provides inadequate instructions before a procedure, gives the wrong amount of anesthesia, or fails to monitor a patient’s vital signs when administering anesthesia.
OB-GYNs and other medical professionals involved in the birthing process can cause lifelong harm to a child by failing to meet the medical standard of care. Birth injuries could cause conditions such as cerebral palsy, nerve damage, paralysis and developmental disorders. These injuries happen when a doctor fails to identify a condition or birth defect, does not order a C-section when necessary or improperly uses birth equipment.
A medication error can happen when a doctor prescribes medication for an incorrectly diagnosed condition, gives the wrong medication or dosage amount to a patient, prescribes a medication known to interact dangerously with other drugs, or fails to check a patient’s records for a history of allergies to medications.
Discuss Your Claim With a Lake Havasu City Medical Malpractice Attorney
If you or someone you love has fallen victim to medical malpractice, you may be eligible to file a claim against the negligent doctor or medical professional who caused you to suffer an injury.
Our attorneys welcome the opportunity to review your claim during a free and confidential consultation. We do not charge any upfront fees if you hire us. You only pay us if we help you recover compensation.
Our founder Jeffrey Phillips is a member of the National Brain Injury Trial Lawyers – Top 25 and has obtained verdicts in several Arizona counties, including Maricopa, Pima, Gila, Mohave, Navajo and Yavapai. We have almost 30 years of experienced representing injury victims in Lake Havasu City and the Kingman area.
Phillips Law Group. Free Consultation. Ph: 1-800-706-3000.