Who Else Wants To Know How To File A Malpractice Case In Arizona
Has a medical physician or surgeons error left you physically damaged?
Have you lost a loved one as a result of failure to correctly diagnose? You may be entitled to file an Arizona medical malpractice case. Arizona personal injury laws are complicated to say the least and medical malpractice laws are especially convoluted. The Arizona medical malpractice attorneys at Tucker and Miller can review the specifics of your position and tell you if you have a possible a legal malpractice case against your medical Physician, nurse, medical professional or hospital.
Understanding Arizona Medical Malpractice
The American Bar Association defines medical malpractice as:
“Negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.”
Several conditions must be present to be considered for medical malpractice:
Negligence, or the failure to act wisely, must have been present.
The medical professional has to be the negligent party.
The healthcare professional must do something different from others with the same training and or experience.
The patient must have been injured as a result of the medical professional’s negligence.
The four Ds of medical malpractice are duty, dereliction (negligence or deviation from the standard of care), damages, and direct cause. Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for malpractice to be found.
In order to qualify to even file a Medical Malpractice four conditions must be present.
These are referred to as the four Ds of medical malpractice:
- Duty: a duty to use care toward patients that would be applied by an ordinarily acceptable and wise person in order to protect them from unnecessary risk of harm.
- Dereliction: negligence or deviation from the standard of care.
- Damages: such as general damages referring to the patient’s loss of enjoyment of life, physical and mental pain and suffering, and loss of future earning capacity.
- Direct Cause: a patient must show that the deviation by the healthcare provider was the direct cause of his or her injuries.
Not only do the Four Ds need to be present each of these four Ds have to be proven to be present, with a preponderance of the evidence for malpractice to be considered.
For a medical injury or wrongful death to qualify as medical malpractice, all of these must occur. Simply put, if you’re misdiagnosed, however the misdiagnosis is quickly dealt with and you experience no injury because of this, then it is not considered malpractice. Also, when the medical physician adheres to all of the normal protocols that are normally followed by other like medical physicians who treat other like patients with similar health issues, and you do suffer injury it probably will not qualify for medical malpractice.
The attorneys at Tucker and Miller have legally represented numerous clients who have suffered injury or death at the hands of Arizona healthcare professionals. Your attorney can review your medical records, your personal account of what occurred and other witness testimony to help assess whether you’re a victim of Arizona medical malpractice.
What You Need To Know When Retaining an Arizona Medical Malpractice Lawyer
Q: What is the statute of limitations for filing a medical malpractice case?
A: The time limit for filing for medical malpractice is two years from the date the injury occurred. Therefore, if you or a love one suspect medical malpractice time is of the essence.
Q: Where does my malpractice case take place?
A: This is actually defined as jurisdiction which means the medical malpractice case must be filed in the same jurisdiction in which the medical malpractice committed. The lawyers at Tucker and Miller have successfully represented malpractice victims in numerous counties in Arizona.
Q: What does a malpractice case cost?
A: At Tucker and Miller we work on a contingency basis which means we don’t require any money up front and we only get paid if we are successful in winning you a settlement. Typically, we would get reimbursed for any expenses related to your case and a percentage of the settlement that we discuss with your before we start any legal proceedings.