Prescott Medical Malpractice Lawyer
When health care providers, such as doctors, nurses or hospital staffers, fail to uphold the accepted medical standard of care, it can cause serious and often permanent harm to victims and their families.
The legal team at Phillips Law Group understands how devasting medical malpractice injuries can be for your long-term health. We have a proven track record of recovering millions in compensation for our clients. This includes a recovery of $3 million for a client who suffered brain damage caused by medical malpractice as well as a recovery of $470,000 for the family of a client who unexpectedly died due to a delay in treatment.
If you think you may have a medical malpractice claim, contact a Prescott medical malpractice lawyer for a free and confidential consultation. There are no upfront fees to hire our firm. We are available anytime, 24/7.
No risk or obligation involved. Call 1-800-706-3000.
How Can You Prove a Case for Medical Malpractice?
In Arizona, you may have a legal claim for medical malpractice for an injury you suffered against a licensed health care provider due to negligence, misconduct, errors or omissions, or breach of contract in the rendering of medical care. This is in accordance with Arizona Revised Statute §12-561(2).
Health care providers that could potentially be held liable for medical malpractice include:
- Respiratory therapists
… and any staff members of a health care provider acting with the scope of their employment.
To prove a case for medical malpractice, certain elements must be established. Our attorneys have helped many clients show proof that a health care provider engaged in medical malpractice, which has four elements:
- A doctor-patient relationship existed – The doctor must have agreed to diagnose and treat you. Once this working relationship exists, the doctor owes you a duty of care. This includes informing you of the dangers associated with a prescription medication, disclosing information about the risks involved for a treatment, and adequately supervising any medical care provided.
- The doctor was negligent – The doctor must have failed to uphold this duty by acting in a negligent manner. In other words, he or she did not provide care or treatment within the accepted standards of the medical community as a doctor with the same training and experience would have done in a similar situation.
- Negligence caused your injury – The doctor’s action or inaction must have caused your injury, resulted in an additional injury or worsened your condition. Had the doctor acted with proper care, you would not have otherwise been harmed. Medical experts are often used to help prove this element.
- Damages suffered due to your injury – The doctor’s negligence directly resulted in your injury and caused you to suffer damages. This could include medical bills, lost wages, and pain and suffering.
Medical malpractice cases can be difficult to prove without an experienced lawyer by your side. Our Prescott medical malpractice lawyers are prepared to review the details of your situation and determine whether you may be able to take legal action.
Free Consultation. Ph: 1-800-706-3000.
What is the Value of My Medical Malpractice Case?
The value of your medical malpractice case will depend on several factors, such as the extent of your injury, and medical treatments you have received and will need on an ongoing basis due to your injury.
Generally, damages from medical malpractice include the following:
These are damages meant to compensate you for your injury and help place you in the position you would have been in had your injury never happened. Compensatory damages can be economic and non-economic.
Economic damages reimburse you for any out-of-pocket expenses that can easily be monetized, such as:
- Medical bills
- Hospital stays
- Emergency services
- Prescription medications
- Medical equipment
- Surgery costs
- Imaging and diagnostic exams
- Transportation costs to/from doctor visits
- Physical therapy
- Rehabilitation costs
- Home maintenance
- Lost wages from an inability work
Non-economic damages reimburse you for the physical pain and mental suffering you have experienced and are more difficult to calculate because they have no defined monetary value. These include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
Although rarely awarded, these damages are meant to punish the at-fault party for malicious or intentional negligence and discourage others from acting in the same manner. Examples of this could include a doctor performing an unnecessary surgery to get money to keep the practice open or intentionally doing something or failing to do something during a procedure to ensure the patient returns for more follow-up care.
In Arizona, there is no cap or limit on the amount of damages you may receive in a medical malpractice case. Our lawyers are prepared to pursue the full value of your damages, should we represent you.
Why You Should Contact a Lawyer From Phillips Law Group
Many medical malpractice victims may be feeling overwhelmed. They may also not have the time to navigate the legal process, or lack the knowledge and resources needed to investigate to gather evidence to help prove negligence. This is why we recommend contacting a licensed lawyer from Phillips Law Group.
We have a whole team of field investigators, paralegals, legal assistants and support staff ready to build a strong case against the party or parties responsible for your injury. Claims handled by lawyers typically result in victims obtaining more compensation than those handled without legal representation.
Unlike the insurance company, we also have your best interests in mind. We know the common tactics used by insurers to get victims to quickly settle a case out of desperation or asking a lot of questions about what happened to get them to say something that could potentially hurt their chances of obtaining fair and just compensation. An insurance agent’s bottom line is to save the company money. Our legal team is willing to handle all communications and negotiations with the insurance company on your behalf.
Contact our office today by calling 1-800-706-3000.
Filing a Medical Malpractice Claim in Arizona
Arizona’s statute of limitations limits the amount of time you have to take legal action. Failure to adhere to the deadline could result in a dismissal of a case and being unable to seek compensation for an injury.
In most medical malpractice cases, you generally must file within two years from the date of the injury. If you were not immediately aware of your injury, the deadline could be extended. You may have two years starting from the date you discovered your injury or should have reasonably discovered it. If you were a minor when you suffered an injury due to medical malpractice, the clock would not start running until your 18th birthday.
Every medical malpractice case presents its own unique challenges. That is why we encourage you to reach out to a qualified Prescott medical malpractice attorney from our firm as soon as possible to help you. We are here to help.
Common Examples of Medical Malpractice
Medical malpractice can happen at any stage of treatment. For more than two decades, our legal team has handled many different types of medical malpractice cases.
Some of the most common types of medical malpractice include:
A misdiagnosis occurs when a doctor fails to correctly diagnose a patient’s condition. A doctor may also wrongly inform the patient that he or she does not have an illness or diagnose the patient with an illness he or she does not have. In either case, this can be very harmful to the patient. Some of the most commonly misdiagnosed conditions include asthma, cancer, heart attacks, staph infections and pneumonia.
A delayed diagnosis can prevent a patient from being able to get the proper treatment. The longer a patient goes without a correct diagnosis, the greater the risk of his or her condition worsening. For instance, a patient with a treatable form of cancer whose diagnosis is delayed may not find out about the disease until the cancer is much harder to treat. The cancer may have spread throughout the body, reducing the likelihood of survival.
A medication error can result in serious health issues. A doctor may give the wrong medication or dosage to a patient, prescribe a medication that is known to interact badly with other drugs the patient is taking, fail to check a patient’s medical history for any drug-related allergies, or incorrectly administer the medication to the patient.
A surgical error during a medical procedure can result in life-altering injuries or even death. A surgeon may operate on the wrong patient, side of the body, or body part, leave surgical equipment inside the patient, fail to use sterilized surgical instruments, or perform an unnecessary surgery and remove healthy organs.
Infections acquired in a hospital or other health care settings can result in organ damage and could prove to be fatal if not treated quickly. For instance, a patient who acquires an infection post-surgery that goes undetected or untreated for too long could suffer sepsis, a potentially life-threatening condition.
A birth injury can cause devastating consequences for both the mother and child. A health care provider may fail to identify a birth defect or ectopic pregnancy, improperly monitor signs of fetal distress, fail to perform a C-section in a timely manner, improperly use birth delivery tools, or mishandle a delivery altogether.
Errors with anesthesia can cause a patient to suffer a permanent injury, such as brain damage. An anesthesiologist may give too much, too little or even the wrong kind of anesthesia, or fail check a patient’s medical history for any known allergies or other health complications that could affect the procedure.
Get in Touch With Our Prescott Medical Malpractice Lawyers
Have you been injured at the hands of a negligent health care provider?
You may have legal options for pursuing compensation. It is important that you reach out to a lawyer as soon as possible to discuss if you may have a case. The Prescott medical malpractice lawyers at Phillips Law Group have recovered more than $750 million in compensation on behalf of injury victims across Arizona. Our award-winning founder Jeffrey Phillips is a member of the National Brain Injury Trial Lawyers – Top 25.
We charge no upfront fees to utilize our services. This means you only pay us if you obtain compensation.
Get the legal help you need. Call 1-800-706-3000 for your free consultation.