Who Else Needs A Top Notch Medical Malpractice Attorney
For Every Medical Malpractice Lawsuit, 7.6 Patients Are Injured by Doctor Error
Up to 440,000 people die each year because of medical mistakes. That’s the equivalent of a 747 crashing every 10 hours. Consumer watchdog fights for the right of those patients–and the thousands of others injured by medical errors–to take negligent doctors and hospitals to court. If an airliner crashed twice a day, everyday, we would have new laws protecting passengers, not limits on their legal rights. But doctors, hospitals and their insurance companies spend millions of dollars lobbying congress and state legislatures to stop us from holding them accountable. They claim that lawsuits by injured patients drive up the cost of medical malpractice insurance. We know that greedy insurance companies, not injured patients seeking justice, are to blame when premiums are excessive.
What To Know About Medical Malpractice In Arizona
Arizona does not place a cap on financial or economic damages in a medical malpractice claim. Therefore, if you are injured because of medical malpractice, the law allows you to seek full compensation for all financial losses related to the medical malpractice. Arizona is one of the few states with no damage caps in place. In fact, Arizona’s state constitution deliberately prohibits damage caps in civil cases, including medical malpractice and wrongful death. It also includes your spouse’s claim for loss of consortium.
Medical malpractice claims, just like any other claim, are subject to a limited time for filing. This time limit is known as the statute of limitations. If you don’t file your medical malpractice lawsuit on time, you may lose your right to hold the liable parties accountable and fight for your compensation. Every state regulates its own statute of limitations regarding medical malpractice cases. Arizona Revised Statutes section 12-542, states that a legal action alleging malpractice by a health care professional or care facility must be filed “within two years after the cause of action accrues, and not afterward.”
According to one study published in surgery, more than 4,000 preventable surgical errors occur every year, costing private and public healthcare providers more than $1. 3 billion annually in malpractice payouts. Mistakes range from wrong-side surgery to foreign objects left inside patients. Despite being known in medical circles as “never events” because they should never happen, a range of studies support the findings published in surgery. In 2007, research published in annals of surgery revealed shocking data taken over the course of 30 months in just one state. The report included 400 “near misses” and nearly 300 wrong-side surgery errors. In 2009, archives of surgery found that so-called “never events” happen all too frequently.
Medical Malpractice Law Is Based On Common Law.
Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts. Medical malpractice lawsuits are a relatively common occurrence in the United States.
Medical malpractice liability is normally based on the laws of negligence. Although the laws of medical malpractice differ significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. If a practitioner holds himself out as a specialist a higher degree of skill is required. Jurisdictions have also been increasingly receptive to claims based on informed consent , raised by patients who allege that they were not adequately informed of the risks of medical procedures before agreeing to treatment.
Given how complex a medical malpractice claim can be, you would do well to work with an experienced team of Arizona medical malpractice lawyers who have won impressive verdicts and settlements for many clients. We do not back down from pursuing the compensation you require to move on from your life whether the injury temporarily sidetracked you, or if it left you with permanent disabilities. When you work with Tucker Miller Law you do not just get a team of skilled litigators, you also get access to a team that is fighting for you every step of the way.
What is Medical Malpractice?
Thanks to advanced technology, most of the surgeries performed in the united states go well. However, sometimes serious mistakes occur during surgery caused by the negligence of a medical professional. When this happens, you may be entitled to file a medical malpractice claim and seek monetary compensation for your damages. Considered easy to file but challenging to win, a medical malpractice lawsuit for surgical error often needs the skill and expertise of an experienced legal team to result in compensation for the claimant.
Medical malpractice occurs when a patient is harmed by a medical professional who fails to competently perform their medical duties, typically through a negligent act or omission. In legal terms, the medical professional deviates from the recognized standard of care in treating a patient. Standard of care is what a reasonably prudent medical professional would or would not have done under the same circumstances with the same available information. This is used as a benchmark against the doctor’s work. The doctor’s defense would have to prove that another doctor would have made the same decisions under the same circumstances, and thus the doctor’s actions align with standard of care.
Nerve damage is a common injury sustained by victims of auto accidents , workplace incidents , dog bites , slip and falls , and cases of medical negligence including surgical malpractice. One of the most frequent questions asked by victims of severe nerve damage during consultations with our attorneys is, “how much my case is worth,” or “what the value of my case?” the estimated value of a personal injury case is dependent on numerous factors unique to the individual harmed. Only a qualified personal injury attorney who can investigate the facts of your case will be able to determine the estimated value of your claim.
Medical Malpractice & Negligence Lawyers
Tucker and Miller Law is a premier law firm in Phoenix Arizona that represents clients throughout the Maricopa County and through out Arizona in medical malpractice claims. We handle claims involving catastrophic, life-altering injuries and fatalities. Our medical malpractice lawyers and staff have the ability to undertake the most complex claims. They are all uniquely qualified to represent victims of medical negligence. We use a unique methodology in developing creative legal strategies and have a broad network of resources and tools that we can utilize to reach an effective outcome in your case.
If you have suffered an injury as a result of a surgical injury, you may be entitled to compensation. Like other types of Arizona medical malpractice cases, surgical error claims can be complex, and require the expertise of a seasoned Arizona surgical errors lawyer.
A hospital, doctor, or other health care professional is expected to provide a certain standard of care. The professional is not liable for all the harms a patient experiences. However, they are legally responsible if the patient experiences harm or injury because the health provider deviated from the quality of care that is normally expected in similar situations. According to malpractice lawyers in the u. S. , for medical malpractice to be considered, a number of factors must be involved. The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
How Do You Know If You Have a Medical Malpractice Case In Arizona
In Arizona, a medical malpractice lawsuit can be filed against any licensed health care provider. This includes:
- Physical therapists
- Dental hygienists
- Pharmacy technician
- Physician assistants
In order to establish a medical malpractice claim in Arizona, you must prove the following 2 elements:
- The health care provider failed to exercise the degree of care and skill expected of a reasonable health care provider in the profession, and
- Such failure was the proximate cause of your injury.
In a medical malpractice case, the main focus of the lawsuit will generally be on what the health care provider should have done in a specific set of circumstances. The standard by which the health care professional is judged is called the “medical standard of care.”
If you are the victim of a surgical error, physician negligence or another form of medical malpractice, you may not know where to turn to for help. You may have had to undergo further surgical operations or other painful treatments as a result of a physician’s mistake. A personal injury attorney in Arizona may be helpful in answering any questions you may have regarding your case and could help point you in the right direction.
Damages in a Medical Malpractice Case
Once the duty of care has been established, the victim must next prove that it was breached by careless conduct, such as a surgical error.
Examples of common surgical errors include:
- removing the wrong organ;
- operating on the wrong side;
- performing a procedure on the wrong patient;
- failing to promptly recognize complications, such as excessive bleeding or infection;
- leaving a sponge or a piece of medical equipment inside a patient’s body; or using unsanitary equipment.
The last two elements of a medical malpractice claim require showing that the surgical error or other breach led directly to the patient’s injuries and that actual damages arose as a result. Compensation in surgical error cases can consist of both economic and non-economic damages. Economic damages include objective costs such as medical expenses and lost wages.
Medical malpractice exists in cases where a patient sustains some level of damages from a medical professional during his or her official medical duties. Damages are a legal term, but ultimately, include a number of harms that the patient sustains as the result of medical treatment, which can include exacerbated medical issues, unnecessary medical costs, untreated but otherwise treatable conditions, as well as a whole host of other issues relating to income earning capacity, costs of medical care, as well as psychological and emotional duress.