Medical malpractice kills. A Johns Hopkins University study estimates that medical errors have become the third-leading cause of death in the United States, following only heart disease and cancer.
We occasionally hear news reports of large settlements for victims of medical malpractice. However, many other victims have suffered harm because of a doctor’s negligence but do not know that they have legal recourse and could recover compensation for their injuries and suffering.
If you or a relative suffered harm or injuries due to substandard medical treatment or a diagnostic error, you might want to speak to a Phoenix medical malpractice lawyer for help. You could receive compensation that would help you recover from a medical ordeal.
Call Ben Crump Law, PLLC, today at (800) 641-8998 for a free, no-obligation case review with one of our team members.
Examples of Medical Malpractice
Medical malpractice, as defined in ARS § 12-561(2), can come in many forms. Doctors, technicians, nurses, and other hospital and medical workers can all make errors that have devastating consequences for patients. Some examples of medical malpractice include:
- Failure to diagnose
- Misreading laboratory test results
- Failing to order laboratory and other testing
- Unnecessary surgery
- Surgical errors
- Wrong-site surgery
- Medication errors
- Early discharge
- Lack of aftercare and follow-up
- Disregarding a patient’s medical history
- Failure to recognize or investigate symptoms
If you believe that you or a loved one is the victim of medical malpractice, you can speak with a Phoenix medical malpractice lawyer who can advise you on your legal options. Call Ben Crump Law, PLLC, today to learn more.
For a free legal consultation with a medical malpractice lawyer serving Phoenix, call (800) 641-8998
Medical Malpractice Lawsuits
The complexity of medical malpractice law makes proving a medical malpractice claim challenging. It requires plaintiffs to overcome several hurdles. For example, ARS § 12-2604 requires any expert medical witness testifying about the defendant’s malpractice to specialize in the same field. You might want to work with an attorney who understands how to navigate medical malpractice law.
A doctor or hospital will most likely fight tooth and nail to argue that their treatment was within the standard of care. The burden of proof falls on the patient (the plaintiff). In general, to prove a medical malpractice case, you will need to show the following elements:
- You had a doctor-patient relationship: You can obtain evidence of a doctor-patient relationship with any medical records.
- The doctor was negligent in performing their duties: To prove negligence in a medical malpractice lawsuit, you must show that the doctor deviated from the usual standard of care in treating you or your loved one. You may need an expert witness from the medical field to prove this.
- Your injury occurred because of the doctor’s negligence: The doctor’s failure to act with the usual standard care must have caused your injury to have a medical malpractice case. For example, a doctor’s negligent actions may have aggravated an existing condition or caused another medical injury. An expert can demonstrate the link between the negligent act and your injury.
- You have actual damages: You must provide evidence of any damages you suffered because of the injury. This proof could be medical bills, receipts for transportation to doctor’s appointments, and pay stubs documenting your lost wages. You may also have suffered non-economic damages such as physical or emotional pain and suffering.
Standing up against a doctor or hospital can feel overwhelming, especially while recovering from any medical conditions and injuries. However, you should not let a negligent medical professional get away with causing you harm. Holding them to account could prevent their other patients from suffering from medical malpractice in the future.
Help is available for you, and a Phoenix medical malpractice lawyer can handle your entire case, leaving you free to recover from your injuries.
Phoenix Medical Malpractice Lawyer Near Me (800) 641-8998
Compensation Available in Medical Malpractice Cases
If you can successfully prove that a negligent doctor caused your injuries or those of your loved one, you could potentially recover various types of compensation, such as:
- Medical expenses
- Lost wages
- Transport costs
- Out-of-pocket expenses
- Pain and suffering
In some cases, when a doctor acted particularly egregiously, the court might order them to pay punitive damages.
Arizona Statute of Limitations
As you consider whether to hold a negligent doctor or hospital to account for your injuries and damages, keep in mind that ARS § 12-542 generally allows plaintiffs to file a medical malpractice lawsuit within two years of discovering the injury. This deadline includes lawsuits for personal injury or wrongful death due to medical mistakes. If you miss the filing deadline, you might not be able to recover any compensation.
Waiting to take legal action generally has no benefit. It is usually easier to collect evidence and witness statements immediately after a medical malpractice injury occurred. Also, consider that timely action could mean that you receive compensation quicker, helping with medical treatments and other expenses that could aid your recovery.
If your loved one died due to medical malpractice, getting legal help and initiating a lawsuit as soon as possible can help alleviate any financial hardship the family might suffer due to their passing.
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We Can Fight for Your Rights
When you step into a doctor’s office or hospital, you are most likely sick, vulnerable, and worried about your health. You should be able to put your trust in the medical professionals to do their best to help you and make you better. While mistakes can happen in any profession, if a doctor makes a mistake due to carelessness, it can cost patients their lives or cause horrific injuries.
If this has happened to you or a loved one, you can contact a Phoenix medical malpractice lawyer and find out if you have a case against a medical professional or hospital. Medical malpractice cases can quickly become challenging. However, the team at Ben Crump Law, PLLC, knows how to tackle tough cases and is not afraid to stand up to powerful hospitals and doctors.
Contact Ben Crump Law, PLLC, today at (800) 641-8998 to speak with a team member about your case. We can help you determine whether you have a medical malpractice case and could receive compensation.