Peoria Medical Malpractice Lawyers
When you visit a doctor or go to the hospital for medical care, you trust that the medical professionals who provide treatment will not cause harm.
If you or someone you love has been injured by the negligent actions of a health care provider, you may have a legal claim for medical malpractice.
For almost three decades, Phillips Law Group has been representing injury victims and obtaining millions in settlements and verdicts on behalf of our clients in Maricopa and Yavapai county and across Arizona. We successfully recovered $3 million for patient who suffered brain damage due to medical malpractice. We also obtained $470,000 for a delay in treatment and $325,000 for a misdiagnosis case.
Our Peoria medical malpractice lawyers are available to review your situation and discuss your potential legal options in a free consultation. You pay no upfront fees unless we help you recover compensation.
We are ready to take your call 1-800-706-3000 or chat online.
Do I Have a Case for Medical Malpractice?
We often hear this question from victims and families of those who have suffered an injury or death caused by medical malpractice. Our legal team is prepared to answer any questions you may have based on the unique facts of your situation during a free consultation.
To prove you have a case, you and your attorney must show that the doctor or medical professional failed to provide the accepted medical standard of care and that you suffered actual harm. This can be done by establishing:
- The existence of a doctor/patient relationship – This relationship is established when you go see a doctor and the doctor agrees to offer care and treatment, such as when a doctor attends to a patient in an emergency room or when you visit your primary care physician.
- The doctor owed you a standard of care – It is a doctor’s duty to accurately diagnose symptoms, warn and advise of any health risks or possible side effects involved in a procedure, medical test or medication, and properly delegate tasks to other trained personnel, such as nurses or assistants.
- The doctor breached the standard of care – The doctor failed to adhere to a standard of care that is accepted within the medical community. The standard of care is the level and type of care that another medical professional with the same training, education and experience would have provided in a similar situation.
- The doctor’s negligent actions caused you harm – The doctor’s incompetence directly caused the injury and it would not have otherwise occurred. Medical expert testimony may be useful to prove this element.
- The injuries you sustained caused damages – These damages could include medical bills, lost wages, and the pain and suffering you have experienced since your injury.
For more information, request a free consultation, 1-800-706-3000.
Medical Malpractice vs. Medical Negligence
Sometimes errors can cause serious harm, especially when medical treatment is being provided. However, it is important to know the difference between medical malpractice and medical negligence.
Medical negligence is when a doctor or medical professional mistakenly causes harm to a patient. The error was either unintentionally done or unknown during the time treatment was being given. Examples could include an unnecessary surgery or a failure to understand or recognize certain symptoms, among other oversights.
Medical malpractice is when a doctor fails to provide a patient with the accepted standard of care and causes an injury or fatality. He or she must have been aware or reasonably aware of the potential risks of acting or failing to act. Examples could include performing the wrong procedure, operating on the wrong body part, or any other event that should not have happened.
Compensation Available for Medical Malpractice
Should you have a case, you may be able to recover compensation for variety of damages. The amount and types of damages will depend on your unique circumstances.
Damages recoverable for medical malpractice may include:
These damages help reimburse you for financial losses that can be easily measured, such as medical bills, loss of income from missing work while in recovery and the cost of future medical treatment.
These damages are less easy to measure because they have no actual dollar amount attached to them. These may include things like physical and mental pain and suffering, loss of services or companionship and loss of enjoyment of life.
These damages are rarely awarded and are not meant to compensate you for the harm you have suffered. Punitive damages are meant to punish the doctor or medical professional for reckless negligence or malicious intent and to discourage others in the same position from acting in the same manner.
Many states place a cap on damages, but Arizona is not one of them. This is in accordance with Article, 2 Section 31 of the state constitution.
Contact a Peoria medical malpractice lawyer for a free consultation.
Filing and Pursuing Medical Malpractice Claims
Arizona law has a statute of limitations that sets a specific window of time after an injury to file a medical malpractice claim. You may not be able to file once the statute of limitations runs out. For most cases, the statute is two years from the date of the injury.
Some exceptions may exist that could shorten or extend the deadline if you did not discover your injury until a much later date or you were a minor when the medical malpractice occurred. That is why we encourage you to consult with an experienced Peoria medical malpractice lawyer at Phillips Law Group for legal advice as soon as possible.
Complete our Free Case Evaluation form today.
Common Reasons Medical Malpractice Happens
Medical malpractice occurs in hospitals, surgery centers, nursing homes and walk-in care facilities and is committed by doctors, nurses, therapists, surgeons, anesthesiologists, psychiatrists and other medical staff members.
Most medical malpractice claims involve at least one of the following:
- A failure to diagnose – Doctors have a legal duty to correctly and adequately diagnose a medical condition, illness, or injury. Failure to due so could lead to declining health or even death, which could be grounds for a medical malpractice claim.
- A failure to treat – Doctors are obligated to handle a patient’s condition appropriately. This means selecting the proper medical treatment needed to recover from an injury or illness. Improper treatment, including a delay in medical care, could take a toll on a patient’s well-being. In these situations, the health care provider could be held accountable for medical malpractice.
- A failure to warn – Doctors must warn patients of known risks involved in a procedure or course of treatment. If a patient decides to go through with a surgery or treatment without being properly informed of the risks and an injury occurs, the doctor could be liable for medical malpractice.
Medical Malpractice Cases Handled By Our Firm
Our legal team at Phillips Law Group is prepared to manage a wide variety of medical malpractice cases, including, but not limited to:
A missed or delayed diagnosis occurs when a doctor misdiagnoses a medical condition or fails to diagnose a condition, injury or illness. The patient’s treatment could be delayed and his or her condition could seriously deteriorate. A misdiagnosis could also cause a patient to receive the wrong form of treatment that results in further harm. A missed or delayed diagnosis of cancer could prove to be fatal.
These happen during pregnancy or the birthing process. Some birth injuries can lead to serious consequences, such as cerebral palsy, seizure disorders and even full or partial paralysis. This can happen when a doctor fails to identify a birth defect, fetal distress or ectopic pregnancy, fails to order a C-section or improperly uses birthing tools, among other causes.
A medication error can occur when a doctor incorrectly prescribes a medication, administers a drug improperly, or fails to check a patient’s medical record to see if the drug will have dangerous interactions with other medications. Other medication errors include improper dosage and giving the wrong medication to a patient.
Even the slightest anesthesia mistake could result in brain damage, permanent disability or death. These errors can occur when an anesthesiologist fails to check a patient’s medical record for allergies or possible complications from anesthesia or fails to inform the patient to not eat or drink certain items prior to surgery. Other mistakes include giving too much or too little anesthesia or not watching a patient’s vital signs.
Surgical mistakes during a procedure can result in serious injuries and fatalities. These errors commonly happen when an organ or blood vessel is punctured, the wrong body part is being operated on, or a surgical instrument is left inside a patient’s body. Inadequate postoperative care could also lead to a severe infection.
Reach Out to a Peoria Medical Malpractice Attorney
If you believe you or a loved one has suffered an injury caused by a negligent doctor, we recommend contacting a licensed Peoria medical malpractice attorney from our firm. You may be eligible to pursue a claim for compensation to help cover your medical expenses, loss of wages, and pain and suffering.
Phillips Law Group has helped more than 155,000 clients throughout Arizona and has successfully recovered millions in compensation for injury victims. Our award-winning founder Jeffrey Phillips is a member of the National Brain Injury Trial Lawyers – Top 25.
Schedule your free, no-obligation consultation so we may be able to review your claim and you can learn more about your legal options. There are no upfront charges for our services. We get paid only if you win.
We are also prepared to come visit you at Abrazo Peoria Emergency Center or another medical facility in the Peoria area if you are physically unable to come to our office.
There is no risk in calling us. 1-800-706-3000.