Tucson Medical Malpractice Lawyer
Whether we visit a doctor’s office for a routine visit or get emergency treatment at the hospital, we expect a certain standard of care from the medical community, because we are putting our lives in their hands. However, sometimes medical professionals fail to provide the minimum quality of care which may endanger a patient’s life.
At Phillips Law Group, we have more than 27 years of experience winning settlements for over 155,000 clients to help them recover compensation for their injuries, including a $3,000,000 settlement in a medical malpractice case for a client who suffered brain damage.
If you or a loved one has been injured because of a medical professional’s error or negligence, contact a Tucson medical malpractice attorney to learn how we may be able to help you pursue compensation for the damages you suffered. Our phone lines are always open, and we offer a free consultation to answer questions and discuss your potential for a claim.
Since we accept medical malpractice cases on contingency, there are no legal fees unless we first secure compensation for your damages.
How Does Medical Malpractice Happen?
Medical malpractice may be the result of several circumstances, but the most common reasons our firm sees include:
- Disorganization – A disorganized hospital or staff member may lose important documentation relating to a patient, including treatment details, medications or allergies. This type of carelessness can lead to chart mix ups, medication errors and other mistakes that may cause a patient injury.
- Fatigue – Medical staff often work long hours tending to a high volume of patients. Overtime hours and a lack of sleep can have critical results, including slowed reaction times, confusion and poor problem-solving skills.
- Poor communication – Medical procedures involve many steps and when important information is not communicated accurately, dangerous errors can occur. This may involve misunderstanding details about a patient’s medical history or allergies.
- Operating while under the influence – A medical professional tending to a patient while under the influence of drugs or alcohol is a high risk for causing dangerous errors that could cause serious harm to a patient.
How Can You Prove Medical Malpractice?
Victims of medical malpractice cases generally have the burden of proof; a complicated process that involves in-depth knowledge of the law. That is why we recommend speaking to one of our licensed attorneys who understand how Arizona state laws may apply to your situation.
If you have a valid case and we represent you, we will need to establish the four elements of negligence. This includes the following:
- A doctor-patient relationship existed – This element proves that your treating physician agreed to provide your medical care.
- The doctor or health care provider was negligent – Establishing your doctor was negligent because he or she failed to adhere to the standard of care, or that another medical professional in the same field would have handled the situation differently to prevent an error from occurring.
- The doctor or health care provider’s negligence caused you an injury – Proving that if it were not for your health care provider’s negligence, you would have not suffered an injury. This is difficult to prove and requires testimony from a medical expert.
- Your injury caused you to suffer damages – Lastly, you must prove that you suffered damages from this negligence, which could include increased medical expenses, costs of corrective surgery, or pain and suffering.
If you or a loved one is a victim of a medical malpractice, speak to an experienced attorney today to learn more about your potential legal options. At Phillips Law Group, we offer a 100 percent free consultation.
Call us at 1-800-706-3000 to speak to an attorney today.
Is There a Time Limit to Take Legal Action?
Medical malpractice victims must act quickly if they want to take legal action. In Arizona, the statute of limitations gives victims only two years from the date of injury, or discovery of injury, to file a case. If your medical malpractice injury was found after a medical procedure, the statute of limitations begins to run on that date. This is known as the “discovery rule,” but other circumstances may also affect the length of time you have to take legal action.
While two years may seem long, building a strong case takes time and involves a thorough investigation, communicating with medical experts and insurance companies, and collecting evidence. If you miss the deadline and attempt to file a claim pass that date, the court will likely dismiss your case and bar you from recovering any damages.
We encourage you to speak to a lawyer to find out how Arizona’s statute of limitations may to your potential claim, and how long you may have to file.
How Can a Lawyer from Phillips Law Group Help?
Medical malpractice cases are extremely complex because they involve both law and medicine. Our attorneys at Phillips Law Group are experienced and well-versed in both of these areas.
If we represent you, we are prepared to help build a strong claim by:
- Gathering supportive evidence
- Determining the value of your claim
- Carefully considering the best approach for your case
- Negotiating a fair settlement
- Hiring a medical expert
- Helping you understand your rights
Our firm understands the importance of your health. Dealing with a legal situation can add further strain and interfere with your recovery process. If you hire us, you can focus more energy on recovering from your injuries and let us handle your case for you.
Call our firm today to learn more.
Common Types of Medical Malpractice
There are a number of things that can go wrong during a medical procedure. Although accidents do happen, when negligence is involved, victims may have the right to obtain compensation for the damages the health care provider’s carelessness caused. Below, are examples of common types of medical malpractice:
- Delayed diagnoses – Timing is crucial when diagnosing a patient. If a physician does not diagnose a patient in time, it may cause a patient’s health to worsen or even cause a loss of life.
- Failure to properly diagnose – Failing to correctly diagnose a medical condition can prevent a patient from receiving a life-saving treatment.
- Failure to treat – Neglecting to listen to a patient describe their symptoms or failing to consider a patient’s full medical history or documented allergies can be harmful to the patient’s health.
- Medication errors – Giving a patient the incorrect dosage or wrong medication can have devastating, or even deadly results.
- Surgical errors – It is expected that medical staff will take extra measures to ensure surgical errors, such as operating on the wrong body part, performing the wrong procedure or leaving a piece of equipment inside the patient do not occur.
- Birth injuries – Medical staff are responsible for properly monitoring the mother and baby throughout the delivery process. Failure to do so may cause harm both to the baby and mother.
- Preventable infections – Hospitals are required to maintain industry standards for keeping the hospital sanitized and infection-free.
What Compensation May Be Available?
Victims of medical malpractice often face costly medical bills to correct or recover from a medical error. Our firm believes that you should not be responsible for those costs.
If our Tucson medical malpractice attorneys determine that you have a valid case, we will do our best to help you secure both economic and noneconomic damages. These may include the following:
Economic damages are quantifiable financial losses caused by medical error or incident that caused your injuries:
- Compensation for all related medical costs, both now and in the future
- Medical assistive equipment
- Corrective surgery
- Lost wages from missing work
- Loss of earning capacity
- Rehabilitation costs
These type of damages typically reflect the emotional trauma you experienced as a result of the malpractice. This includes:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
- Loss of support
In rare medical malpractice cases, a victim may be also able to pursue punitive damages, but these damages require clear proof of reckless behavior and patient endangerment. These punishments are purposely more severe to set an example and dissuade other medical professionals from acting similarly.
Since Arizona strictly prohibits caps for medical malpractice cases, your lawyer may be able to negotiate a fair settlement taking into consideration how the injury occurred and the full extent of the damages.
Have questions? We have answers. Ph: 1-800-706-3000.
Contact a Tucson Medical Malpractice Attorney for a Free Consultation Today
Dealing with a medical malpractice case on your own is a difficult task. When you hire us at Phillips Law Group, we have the resources, skillset and experience to tackle these complex cases.
If we determine that you have a valid case, we will work diligently on your behalf to build a strong case and negotiate a fair settlement. We welcome the opportunity to review your claim and help you understand your potential legal options in a free consultation. We do not charge fees for our services unless successfully obtain compensation for your damages.
Call 1-800-706-3000 or complete our Free Case Form online today.