Mesa Medical Malpractice Lawyers
An injury sustained from medical malpractice can last a lifetime. Complaints of dissatisfied patients may be disregarded or downplayed by medical staff, leaving victims and their families unsure of what to do next.
At Phillips Law Group, we understand the trauma that can be associated with medical malpractice and have a proven history of success handling medical malpractice cases - including a $3,000,000 recovery for a client that suffered brain damage due to malpractice, and a $470,000 recovery for the family of an individual that was fatally injured following a delay in treatment.
For help with your medical malpractice claim, contact a Mesa medical malpractice lawyer at our firm today for your free consultation. We charge no upfront fees if we take on your case and we are ready to help you today.
Free Consultation. Ph: 1-800-706-3000
Do I Have A Medical Malpractice Case?
In order to help determine if you have a medical malpractice case, a number of elements must be established. An attorney at Phillips Law Group can help to review the details of your claim and if we determine you have grounds to file a lawsuit, we may review the following:
- Doctor / Patient relationship - is a cornerstone of medical care. This is where data is gathered, diagnoses are made, procedures are discussed and agreed to, and the healing process can begin. During this stage, the patient can also learn about the doctor's ability to handle the service/surgery/procedure being suggested. The relationship a patient has with a doctor can be a critical component to a medical malpractice claim. Medical records can also help to establish the existence of this relationship.
- Doctor was negligent - it must be proven that the doctor was negligent. Some patients may claim they have a medical malpractice case if they are unhappy with the treatment they received however, this does not mean they have a case.
- Negligence caused the injury - negligence can be difficult to prove as patients often have pre-existing conditions that can affect the outcome of the surgery/procedure. Often, a medical expert can be used to validate the claim of the plaintiff.
- Injury led to specific damages - a plaintiff must prove that they were directly hurt by the service provided by the physician. This may include pain and suffering, medical costs associated with revisionary surgery, lost earnings capacity, lost wages, provision for future, corrective medical procedures and provision for outpatient care including physical therapy.
Need Help? Call a licensed injury attorney today. Ph: 1-800-706-3000.
What Is My Medical Malpractice Case Worth?
Medical malpractice cases can be quite complex and commonly take great attention to detail in order to build a robust argument for the damages being claimed in the lawsuit. As each case is unique, it can be difficult to determine exactly how much your potential case may be worth however, there are various areas that a plaintiff may be eligible to recover compensation from:
- Economic damages - these pertain to the financial costs that are directly related to the incident. Commonly they include medical costs and physical therapy costs.
- Non-economic - also known as "general damages", these damages commonly address elements including pain and suffering, loss of quality of life and loss of future earning capacity.
- Punitive damages - are occasionally awarded and intended to punish the defendant. This may be due to recklessness or other issues greater than negligence. Punitive damage awards can also send a message to other medical industry professionals that their conduct is to be taken very seriously. Commonly, the judge presiding over the case determines what the amount will be.
In the state of Arizona, victims have two years to file their lawsuit and there are no limits or caps on medical malpractice damages. This date begins from the known date of the incident (often the date of the surgery) and is often referred to as the "Statute Of Limitations".
However, there can be circumstances that extend or shorten this filing time - one of these is known as the "Discovery Rule", which extends the deadline in the event that the victim did not know that they were hurt by their medical provider.
To find out more about your potential case, we recommend contacting a medical malpractice lawyer from Phillips Law Group today. We can review the details of your claim and determine if you have a case.
How Can a Medical Malpractice Attorney Help Me?
When a medical malpractice victim begins to consider filing a lawsuit, they are often at a point where they need specialized, legal help.
Insurance companies that represent hospitals and other medical care facilities are aware that patients often do not have the desire and/or ability to wait on hold for hours, nor do they have the resources to compile all of the information that is required to build a robust medical malpractice case.
Often, insurers will also pressure victims to settle their claim quickly by offering a reduced compensation amount which may seem significant for some victims. Insurers may also request victims to sign documentation and provide statements, where the victim is unaware that the information provided may be used to discredit their claim. Having a licensed attorney on your side can help to protect you from these issues and ensure that your best interests are represented.
Ultimately, claims that are handled by a licensed injury attorney settle for more compensation compared to those that are not handled by an attorney.
Free Consultation - Ph: 1-800-706-3000.
What Is the Difference Between Medical Malpractice and Medical Negligence?
Medical malpractice is a result of a medical facility and/or medical provider breaching their duty of care to the patient. A duty of care means a standard of care that the medical service provider extends to the patient. An example would be when a doctor knows that they should perform a certain procedure as part of an operation but neglects to perform that task - even though he/she is aware that the patient may be harmed as a result.
By comparison, medical negligence applies when there is a mistake in the treatment of the patient, but that mistake was not intentional nor was it known at the time of the surgery and not intended to hurt the patient.
What Can Cause Medical Malpractice?
One the leading causes of medical malpractice is misdiagnosis - which can also include wrong diagnosis, missed diagnosis and a failure of the physician to identify complications that may be associated with an existing condition. Another common cause is delayed diagnosis which involves the physician or medical professional not accurately diagnosing the condition of a patient within a reasonable period of time.
Some other common causes of medical malpractice may include:
- Surgical errors - are the result of mistakes during a surgery. While most patients that undergo surgery are advised of the dangers beforehand, mistakes during surgery can go past those known risks. Surgical errors may include insufficient pre-surgery planning, incompetence, fatigue and performing surgery while under the influence of alcohol and/or drugs.
- Anesthesia errors - as many patients can have adverse reactions to the chemicals used in anesthetics, anesthesiologists have a very important role before, during and after surgery. Giving a patient too much anesthesia, too little anesthesia, not providing oxygen during surgery and failing to monitor a patient may all be instances of medical malpractice.
- Medication errors - are often preventable and involve physicians prescribing and/or administering incorrect medication or medication in an incorrect dosage.
- Communication errors - can occur when there is a breakdown in communication between physicians and their medical support teams. For example - if a nurse is given incorrect information about a patient from a medical assistant, and the information is then given to a surgeon prior to performing a medical procedure, the patient may receive surgery where it is not needed.
- Infections - patients can be extremely vulnerable to infection following a surgery. In the event that the surgeon made a mistake during surgery, or if the operating theater was unsanitary, the possibility of infection may increase.
When filing a medical malpractice lawsuit, it must be proven that the error was a result of negligence from the surgeon and/or medical facility.
Unsure If You Have A Case? Call 1-800-706-3000.
Do I Have to Pay Taxes On A Medical Malpractice Settlement?
Following the receipt of funds from a successful medical malpractice case, the recipient may be required to pay taxes on the amount that they receive. However, it can be dependent on how the funds are categorized.
For general compensation damages that have been paid to the plaintiff for physical pain, they are tax-free (at the time of writing).
However, any punitive damages are taxable, as are those that are paid for emotional distress, along with any interest that is included in the settlement (at the time of writing).
Contact A Mesa Medical Malpractice Lawyer Today
Hiring a medical malpractice attorney can be an important part of the recovery process. Having a team of legal professionals handling their claim and holding medical facilities and providers responsible for their actions, can be a relief for many victims and their families.
At Phillips Law Group, our legal team is led by our award winning, founding partner Jeffrey Phillips, and as a law firm, we have represented more than 155,000 consumer clients and recovered more than $750,000,000 in compensation on behalf of our customers.
Our lawyers have a support team of paralegals, investigators, ancillary staff and access to various industry professionals to help build a strong argument for your medical malpractice claim.
There are no upfront fees if we take on your case and your initial consultation with a lawyer is free.
Need Help? Call For Your Free Consultation. Ph: 1-800-706-3000.