Tempe Medical Malpractice Lawyers
When doctors and other medical professionals are careless or negligent, the results can be disastrous for your long-term health.
The team from the Phillips Law Group knows the trauma that is associated with medical malpractice injuries and how it impacts the life of the victim as well as his or her family. Our team has a proven track record of securing awards for clients who were victims of medical malpractice. We recovered $3 million for a client who suffered brain damage due to medical malpractice. We also recovered $470,000 for a family who lost a loved one due to a delayed diagnosis.
If you believe you have a claim of medical malpractice, contact a Tempe medical malpractice lawyer at our firm as soon as possible. There are no upfront fees charged and we provide you with a free initial consultation.
Call us today to schedule an appointment. Ph: 1-800-706-3000.
Do I Have a Medical Malpractice Case?
This is a complicated question to answer and our Tempe medical malpractice lawyers need to consider several factors, including the four main elements of medical malpractice:
- There must be a relationship between a doctor and a patient. The doctor and patient discuss the medical issue the patient is having and takes steps to begin treating him or her. This could involve tests, prescribing medication, referring the patient to a specialist, or scheduling a surgical procedure.
- You must prove the negligence of the doctor. You must be able to prove that the doctor did not provide treatment that met accepted standards in the medical community.
- Your injury was caused by negligence. You will need to tie the negligence of the doctor to your injury. This is where medical experts are often used to help validate a claim.
- Damages you suffered were a result of your injuries. The plaintiff in the case will need to prove that they were directly injured by the doctor. The harm could include lost wages, pain and suffering, money for outpatient care, money for rehabilitation, and covering corrective surgeries.
Proving medical malpractice is quite complicated, but our experienced Tempe medical malpractice lawyers can answer your questions in a free consultation.
Free initial consultation. Ph: 1-800-706-3000.
What is My Medical Malpractice Case Worth?
The value of your case will depend on various factors, including the severity of your injuries, the damages suffered, and whether doctors were intentionally or egregiously negligent.
Damages from medical malpractice can include the following:
- Non-economic damages: These damages refer to the emotional and psychological effects of your injuries on your quality of life, like pain and suffering, loss of quality of life and loss of companionship.
- Economic damages: These damages are quantitative, as they can be ascertained by looking at bills and statements for medical expenses, such as bills for surgery, physical therapy, hospital stays, prescription medications, medical equipment and appointments with doctors.
- Punitive damages: These damages are rarely awarded and are reserved for cases of severe or intentional negligence. They are awarded to punish the at-fault party, not in relation to a specific loss suffered by the victim.
Unlike some states, Arizona does not place caps on damages in a medical malpractice case. This means our attorneys can pursue the full value of your damages, if you have a case.
Like other states, Arizona does have a statute of limitations for medical malpractice cases. The statute of limitations starts on the date the victim suffers the injury or the date the victim knew or should have known about the injury. In many medical malpractice cases, this is the date of the surgery.
As the deadline for filing can vary from case to case, it is recommended that you discuss the situation with an experienced Tempe medical malpractice lawyer.
How an Attorney Can Assist You
Accident victims often do not have the time or patience to navigate a medical malpractice claim, or the resources to thoroughly investigate to gather evidence to prove each element of malpractice.
This is why insurance companies like to contact victims quickly and try to get them to settle. They know victims may be desperate and more likely to accept far less than their case may be worth. Insurers are looking for any way to avoid paying out fair compensation.
The insurance company may ask a lot of questions about your injury or ask you to sign over access to medical records so they can find information to try to discredit your allegations.
This is why victims should strongly consider talking to an experienced Tempe medical malpractice lawyer. The attorneys at Phillips Law Group can deal with the insurance company on your behalf and help to protect the value of your claim.
Our support team of investigators, paralegals, and ancillary staff is prepared to get to work building a strong case against the at-fault party.
Generally, claims handled by attorneys result in victims receiving more compensation than those handled without an attorney.
What Is the Difference Between Medical Malpractice and Medical Negligence?
Medical malpractice is a failure to provide care that meets accepted medical standards. In other words, another doctor in a similar situation would have acted differently.
Medical negligence is defined as a mistake that occurs in a patient’s treatment, but the mistake was not intentional. It can also be when a mistake is made that was not known at the time of treatment.
What Can Cause Medical Malpractice?
There are many different forms of medical malpractice that can lead to significant injuries and damages. Some of the most common include:
- Misdiagnosis:This means delaying a diagnosis, providing the wrong diagnosis, failing to diagnose anything, and failing to identify complications that could result from an illness.
- Errors with anesthesia: When a patient is given too much or too little anesthesia, serious complications can result. Patients can also have allergic reactions to anesthesia, which can sometimes be avoided by taking an accurate medical history from the patient before going into surgery. Failing to provide a patient with enough oxygen during surgery can lead to severe brain damage and possibly death
- Surgical errors: This could include things like leaving objects inside patients, operating on the wrong patient, operating on the wrong body part, damaging surrounding organs and tissues and causing excessive bleeding.
- Errors with communication: If health care providers do not communicate effectively, problems can get missed and patients can be put in danger. For example, a patient could receive the wrong treatment or be prescribed the wrong medication.
- Medication errors: This includes providing the wrong medication, incorrect dose, or medicine the patient is allergic to.
- Infections: Post-surgical care is so important because there is a high risk of developing an infection. Doctors can increase the risk for an infection by failing to dress a wound or close it.
If you were a victim of these or any other form of medical malpractice, call our Tempe medical malpractice attorneys for a free consultation.
Call Phillips Law Group at 1-800-706-3000.
Do I Have to Pay Taxes on a Medical Malpractice Settlement?
You might have to pay taxes on a settlement you receive from a medical malpractice case. However, it all depends on the way the funds are categorized.
Compensation paid to the victim for general damages, such as physical pain, is generally not taxed, but punitive damages are taxed. Damages paid for emotional distress and any interest awarded in a settlement can also be taxed.
Contact A Tempe Medical Malpractice Lawyer Today
Hiring an attorney can be so important after a medical malpractice injury. When you have a team of legal professionals by your side to evaluate and investigate your case, you can focus on rehabbing your injuries.
The team at the Phillips Law Group is led by founding partner Jeffrey Phillips, who has been the lead counsel on more than 40 trials. He is also a member of The National Trial Lawyers Association – Top 100.
In more than 27, our firm has represented more than 155,000 clients and helped secure more than $750,000,000 in compensation.
We charge zero upfront fees and only accept payment if you are compensated for your injuries. The initial consultation is also free.
Call for a free consultation today. Ph: 1-800-706-3000.