Mesa Medical Malpractice Lawyer

An injury sustained from medical malpractice can last a lifetime. Complaints of dissatisfied patients may be disregarded or downplayed by medical staff, leaving victims and their families unsure of what to do next.

For help with your personal injury claim, contact a Mesa medical malpractice lawyer at our firm today for your free consultation. We charge no upfront fees if we take on your case and we are ready to help you today.

Do I Have A Medical Malpractice Case?

In order to help determine if you have a medical malpractice case, a number of elements must be established. An attorney at Phillips Law Group can help to review the details of your claim and if we determine you have grounds to file a lawsuit, we may review the following:

• Doctor / Patient relationship – is a cornerstone of medical care. This is where data is gathered, diagnoses are made, procedures are discussed and agreed to, and the healing process can begin. During this stage, the patient can also learn about the doctor’s ability to handle the service/surgery/procedure being suggested. The relationship a patient has with a doctor can be a critical component to a medical malpractice claim. Medical records can also help to establish the existence of this relationship.
• Doctor was negligent – it must be proven that the doctor was negligent. Some patients may claim they have a medical malpractice case if they are unhappy with the treatment they received however, this does not mean they have a case.
• Negligence caused the injury – negligence can be difficult to prove as patients often have pre-existing conditions that can affect the outcome of the surgery/procedure. Often, a medical expert can be used to validate the claim of the plaintiff.
• Injury led to specific damages – a plaintiff must prove that they were directly hurt by the service provided by the physician. This may include pain and suffering, medical costs associated with revisionary surgery, lost earnings capacity, lost wages, provision for future, corrective medical procedures and provision for outpatient care including physical therapy.
  

Call a Mesa medical malpractice attorney today for help.

What Is My Medical Malpractice Case Worth?

Medical malpractice cases can be quite complex and commonly take great attention to detail in order to build a robust argument for the damages being claimed in the lawsuit. As each case is unique, it can be difficult to determine exactly how much your potential case may be worth however, there are various areas that a plaintiff may be eligible to recover compensation from:

• Economic damages – these pertain to the financial costs that are directly related to the incident. Commonly they include medical costs and physical therapy costs.
• Non-economic – also known as “general damages”, these damages commonly address elements including pain and suffering, loss of quality of life and loss of future earning capacity.
• Punitive damages – are occasionally awarded and intended to punish the defendant. This may be due to recklessness or other issues greater than negligence. Punitive damage awards can also send a message to other medical industry professionals that their conduct is to be taken very seriously. Commonly, the judge presiding over the case determines what the amount will be.

In the state of Arizona, victims have two years to file their lawsuit and there are no limits or caps on medical malpractice damages. This date begins from the known date of the incident (often the date of the surgery) and is often referred to as the “Statute Of Limitations”.

However, there can be circumstances that extend or shorten this filing time – one of these is known as the “Discovery Rule”, which extends the deadline in the event that the victim did not know that they were hurt by their medical provider.

To find out more about your potential case, we recommend contacting a medical malpractice lawyer in Mesa from Phillips Law Group today. We can review the details of your claim and determine if you have a case.

How Can a Medical Malpractice Attorney Help Me?

When a medical malpractice victim begins to consider filing a lawsuit, they are often at a point where they need specialized, legal help.

Insurance companies that represent hospitals and other medical care facilities are aware that patients often do not have the desire and/or ability to wait on hold for hours, nor do they have the resources to compile all of the information that is required to build a robust medical malpractice case.

Often, insurers will also pressure victims to settle their claim quickly by offering a reduced compensation amount which may seem significant for some victims. Insurers may also request victims to sign documentation and provide statements, where the victim is unaware that the information provided may be used to discredit their claim. Having a licensed attorney on your side can help to protect you from these issues and ensure that your best interests are represented.

Ultimately, claims that are handled by a licensed Mesa medical injury attorney settle for more compensation compared to those that are not handled by an attorney.

What Is the Difference Between Medical Malpractice and Medical Negligence?

Medical malpractice is a result of a medical facility and/or medical provider breaching their duty of care to the patient. A duty of care means a standard of care that the medical service provider extends to the patient. An example would be when a doctor knows that they should perform a certain procedure as part of an operation but neglects to perform that task – even though he/she is aware that the patient may be harmed as a result.

By comparison, medical negligence applies when there is a mistake in the treatment of the patient, but that mistake was not intentional nor was it known at the time of the surgery and not intended to hurt the patient.

What Can Cause Medical Malpractice?

One the leading causes of medical malpractice is misdiagnosis – which can also include wrong diagnosis, missed diagnosis and a failure of the physician to identify complications that may be associated with an existing condition. Another common cause is delayed diagnosis which involves the physician or medical professional not accurately diagnosing the condition of a patient within a reasonable period of time.

Some other common causes of medical malpractice may include:

• Surgical errors – are the result of mistakes during a surgery. While most patients that undergo surgery are advised of the dangers beforehand, mistakes during surgery can go past those known risks. Surgical errors may include insufficient pre-surgery planning, incompetence, fatigue and performing surgery while under the influence of alcohol and/or drugs.
• Anesthesia errors – as many patients can have adverse reactions to the chemicals used in anesthetics, anesthesiologists have a very important role before, during and after surgery. Giving a patient too much anesthesia, too little anesthesia, not providing oxygen during surgery and failing to monitor a patient may all be instances of medical malpractice.
• Medication errors – are often preventable and involve physicians prescribing and/or administering incorrect medication or medication in an incorrect dosage.
• Communication errors – can occur when there is a breakdown in communication between physicians and their medical support teams. For example – if a nurse is given incorrect information about a patient from a medical assistant, and the information is then given to a surgeon prior to performing a medical procedure, the patient may receive surgery where it is not needed.
• Infections – patients can be extremely vulnerable to infection following a surgery. In the event that the surgeon made a mistake during surgery, or if the operating theater was unsanitary, the possibility of infection may increase.

When filing a medical malpractice lawsuit, it must be proven that the error was a result of negligence from the surgeon and/or medical facility.

Do I Have to Pay Taxes On A Medical Malpractice Settlement?

Following the receipt of funds from a successful medical malpractice case, the recipient may be required to pay taxes on the amount that they receive. However, it can be dependent on how the funds are categorized.

For general compensation damages that have been paid to the plaintiff for physical pain, they are tax-free (at the time of writing).

However, any punitive damages are taxable, as are those that are paid for emotional distress, along with any interest that is included in the settlement (at the time of writing).

Morgan W.

I felt they were more my friends than my personal injury lawyer and that isn't something you're taught it's something you have inside. If I ever needed a lawyer again Phillips Law Group Injury Lawyers would be my only choice. I can't recommend them enough. They are professional on every level and compassionate throughout. Thank you for everything.

Blanca D.

When in pain because of an accident all you want to do is focus on getting better and that is what did thanks to this firm. My family and I were set up with a Dr and Chiro right away. The treatment we received was great. I am extremely thankful for all the help we received and the outcome on the cases. Thanks to everyone involved on my case. A special thanks the intake specialist Rosalba who was very kind on the phone when I first called. I highly recommend this firm to anyone, they treat you like family.

Erika A.

I am so thankful for Ruthann and Maria. They both were amazing throughout the process. When Maria took over my case, I felt like I was being treated with empathy about my pain and experiences while treating. She also made sure to answer my questions. Maria always responded to my communication attempts and answered questions I had as they came up. She helped me with things I needed in regards to my case and helped ease the anxiety as bills piled up and my injuries were still being treated. I was able to contact her as I was treating and she helped find providers closer to my home to make it more accommodating for me. This helped me juggle work...

Santana D.

Ruby, Jennifer, Angela did me great over at this law firm. I will recommend them to anybody that has been in an injury in Phoenix Arizona they are awesome 😎. Got paid 6 months after my accident. Then out of the blue a couple years later they still contract me with another check $$$$$🤑😎🤑. Thank you....

Yunior R.

Philips Law Group offers outstanding customer service and a profound knowledge of personal injury law. Right from the initial call through to your office visit, they ensure you feel well-supported. A special mention goes to Ilse, the client experience coordinator. Her expertise in insurance policies is remarkable, and she articulately explains them in both Spanish and English. She skillfully navigates you through the process with empathy and understanding. A heartfelt thanks for the exceptional experience!

Art R.

Phillips was able to get me a good settlement after the first law group I called completely failed. Highly recommend you give them a call after your personal injury.

Rebecca M.

Philips was an awesome choice got me into the doctors offices for visits quickly and efficiently. I also want to give a big shout out to Michael the negotiator for Philips he went above and beyond to help my case get to the finish line! Also want to thank Jason and the friendly front staff.

Vallery A

Throughout the most stressful time Carmen and Donato managed to get me to the correct doctors and get the correct care I needed to make the whole process smooth and less stressful. They always answered any question or concern with professionalism and courtesy. They always valued my time as I valued theirs. Definitely recommend this great firm!

Martin K.

I'm sincerely grateful to my noble Phillips Law firm legal experts for their integrity n intelligent work for making my accident to not go free in my paint injuries. God richly bless them, for bring settlement big cash to me.

Latosha E.

What can I say about Phillips Law group. I was involved in a major car accident and sustained injuries. I looked up for Law Firms in Arizona and stumbled across Phillips Law Group. I decided to give them a call about my accident, and they were very respectful and took in my case immediately. They assigned me Tim LeDuc to represent me. From the beginning, he was very responsive and made sure to give me the proper care I deserved from this accident. Him and his team fought tooth and nail to give me the best settlement I deserved. I am so thankful, and I highly recommend Phillips Law Group to represent anyone who has been in any accident and...

Emily N.

My case closed yesterday and I RAN to make this review because of how exceptional my experience has been with Phillips Law Group! I received the best settlement I could've hoped for and am extremely happy with the outcome; but I especially wanted to shout out and give praise to Julianna, the Litigation Paralegal on my case. From the moment Julianna was assigned to my case almost two years ago, until the completion of the settlement process yesterday, Julianna's commitment to exceptional customer service, clear communication, and unwavering support truly stood out. I had so many questions -- from the legal process, to where to seek medical treatment, to questions about medical bills, to the negotiation process, and more --...

Ari

I am very impressed by how much care and effort this group puts into helping the homeless. That’s not something you see enough, especially in this time of increasing need for community. It’s important to me to work with companies that align with my views, and I would definitely go to Phillips for any future personal injury lawyer needs.

Rich S.

Just would like to share my experience with Phillips And Associates. Ever since my accident in the first of the year, it was a life changing event for me and I finally decided to go with a personal injury attorney. I contacted Phillips And Associates and they made me feel like I was an actual person instead of a lot of other firms try to go with me like a number, Phillips And Associates has reached out to me in a kind, courteous and caring way they fully understand on the circumstances of the accident So far, Phillips And Associates has been absolutely wonderful. I truly recommend going with Phillips And Associates. Thanks (RuthAnn), your the Best!!! And Thank you...

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Contact A Mesa Medical Malpractice Attorney Today

Hiring a medical malpractice attorney can be an important part of the recovery process. Having a team of legal professionals handling their claim and holding medical facilities and providers responsible for their actions, can be a relief for many victims and their families.

Our lawyers have a support team of paralegals, investigators, ancillary staff and access to various industry professionals to help build a strong argument for your medical malpractice claim.

There are no upfront fees if we take on your case and your initial consultation with a lawyer is free.

Call today to begin working with a dedicated Mesa medical malpractice lawyer.