When a patient receives substandard care from a health care professional and an injury occurs, he or she may have legal options for pursuing compensation. If you are considering a medical malpractice claim, it is important to meet with an attorney to discuss if you may have a case.
The attorneys at Phillips Law Group have decades of combined experience representing Arizona residents and have recovered hundreds of millions of dollars in compensation, including a $3 million dollar settlement for a client who suffered brain damage due to medical malpractice. They have also secured other significant awards for medical malpractice victims, including cases involving delays in treatment and misdiagnosis.
Because we work on a contingency fee basis, there are no upfront fees and we only get paid if we successfully recover compensation for you. The initial consultation with our Yuma medical malpractice lawyers is also free of charge.
Schedule your free consultation by calling 602-222-2222 .
What Do I Have to Prove to Have a Case for Medical Malpractice?
Medical malpractice cases are some of the most complex types of personal injury claims, so it is important to hire a competent Yuma medical malpractice attorney to assist you. Our lawyers at Phillips Law Group are knowledgeable about Arizona’s medical malpractice laws and can explain what you must prove in order to be eligible to receive compensation for the damages you have sustained.
Health care providers are expected to provide a certain standard of care that is expected of the profession by their patients and other health care providers. Medical malpractice occurs when a health care provider’s level of care falls below the standard of care.
Under Arizona Revised Statute §12-563 you must show the following elements of proof to establish that your health care provider’s care fell below the accepted standard of care:
Your health care provider failed to exercise the degree of care, skill and learning expected of a reasonable, prudent health care provider in the same profession or specialty to which your health care provider belongs within Arizona acting in the same or similar circumstances
The failure to follow the required degree of care was a proximate cause of your injury.
Therefore, you must first establish what another reasonable and prudent health care provider in the same medical practice area would have done under similar circumstances and how your own health care provider’s actions differed. Then, you must show that your doctor’s deviation from the standard of care was what caused you injury.
It is generally a wise decision to contact a knowledgeable medical malpractice lawyer if you suspect medical malpractice. You have a limited amount of time to file a claim. Our Yuma medical malpractice lawyers can review the details of your claim and determine if you have a case.
Call now to discuss your legal options at 602-222-2222 .
Common Types of Medical Malpractice
Medical malpractice can occur during the pre-treatment phase, during treatment or after treatment. Our firm has handled various types of medical malpractice cases over the years. Below, we discuss some of the most common types of medical malpractice.
Misdiagnosis
In some situations, health care providers mistake a patient’s condition for another condition. This can result in severe consequences because the patient is not receiving the treatment he or she really needs. Also, the patient could be receiving unnecessary treatment that may even be harmful.
Delayed Diagnosis
Another serious form of medical malpractice is delayed diagnosis. This occurs when a doctor eventually diagnoses the patient with the right condition but not within a reasonable timeframe. When the patient’s diagnosis is delayed, the condition can get worse or the patient may even die. For example, a patient who comes in with an early stage of cancer who suffers a delayed diagnosis may not learn about the cancer until he or she is at a later stage, reducing the likelihood that the patient will survive.
Surgical Errors
Although surgeons have some of the most extensive education of all medical providers, they still make mistakes. Some types of surgical errors include:
Operating on the wrong side of the body
Operating on the wrong body part
Operating on the wrong patient
Damaging an organ or other body part during surgery
Uncontrolled bleeding during surgery
Making an incision error
Using surgical equipment that was not sterilized in accordance with the hospital’s protocol
Causing post-operative infections
Causing rain damage during sedation
Birth Injuries
Health care providers must closely monitor the health of the mother and the baby during the pregnancy and the birthing process to avoid birth injuries. The mother and baby are at risk when health care providers do not uphold the accepted standard of care. Babies can suffer serious birth injuries like bone fractures or suffer from brain damage that results in cerebral palsy. Mothers can suffer painful infections when health care providers are not diligent in providing quality medical care.
Common causes of birth injuries include:
Failure to detect congenital disabilities
Not providing the proper treatment of a mother that can affect the baby
Failure to perform a timely C-section
Failure to properly use delivery tools
Medication Errors
Health care providers may also make mistakes related to medication that is intended to help, not harm, the patient. Common examples of medication errors include:
Giving the wrong dosage of a drug to a patient
Prescribing a drug to a patient who takes another medication that is known to have a bad interaction with the drug
Prescribing the wrong drug to a patient
Not checking the patient’s medical history for drug allergies
Administering the medication in the wrong manner
Infections
Due to the various germs that are in hospitals and other medical facilities, health care organizations must implement sterilization protocol to minimize the possibility of infection. All providers must carefully follow this protocol. Failing to do so can result in patients suffering dangerous infections.
Failure to Obtain Informed Consent
You have the right to make important decisions about your health. This is why your health care provider must provide you with information about your condition, the proposed course of treatment, and the risks and benefits of this treatment.
What Damages May I Be Eligible For?
Our licensed Yuma medical malpractice attorneys can explain all the damages that you may be eligible to receive after reviewing your particular circumstances during a free case review. Our goal is to give you the information necessary for you to make an informed decision about how to proceed with your claim.
Every medical malpractice case is different, so there may be different types and amounts of damages available in different cases.
Economic Damages
These are damages that you can easily quantify and represent your out-of-pocket expenses, like the following:
Past and future medical expenses
Rehabilitation costs
Prescription medications
Assistive devices
Lost wages
Loss of earning capacity
Non-Economic Damages
These are intangible damages that are more difficult to quantify, such as:
Pain and suffering
Mental anguish
Disability
Disfigurement
Loss of enjoyment of life
Loss of consortium or companionship
Deadline to File a Medical Malpractice Case in Arizona
According to Arizona Revised Statutes § 12-542, you have two years to file your medical malpractice case. This means, in most cases, you have just two years after you sustain the injury to seek compensation.
However, there are exceptions to this time limitation. In some cases, you have less time to file, such as if you are suing a governmental entity. In other situations, like if you do not discover the injury immediately, you may have a longer time to file. Because this is a complex area of the law, you should discuss your case with a knowledgeable Yuma medical malpractice lawyer.
It is important not to delay in contacting a lawyer because state law requires you to submit a written preliminary opinion of a medical expert when you file your lawsuit. It can be challenging to find an acceptable expert for this purpose, and the dedicated attorneys at Phillips Law Group will want to help you with this process.
Contact a Yuma Medical Malpractice Lawyer Today
If you were harmed by the negligent actions of a health care provider, having a lawyer advocate for your needs while you focus on your health is an important part of the recovery process. If you have a case, our lawyers can investigate your claim and gather evidence to support it so that we can seek maximum compensation on your behalf.
Phillips Law Group has recovered more than $1 billion in compensation for injury victims throughout Arizona. Our founder Jeffrey Phillips is an award-winning attorney who has obtained verdicts as lead counsel in more than 40 trials.
Our attorneys work on a contingency fee basis, which means there are no upfront fees and no costs to you unless we obtain compensation.
Call us today at 602-222-2222 or chat with us online 24/7.
