When you seek medical care, you place your health, or your loved one’s health, in the hands of the medical provider. You have the right to expect them to use care in diagnosing and treating your condition.
Sadly, doctors, nurses, and other practitioners are sometimes careless or incompetent, betraying their patients’ trust and causing harm. Depending on the circumstances, you could hold them liable for your damages.
A Tempe medical malpractice lawyer could review your case, determine whether your care was substandard, and, if so, file a claim against the negligent healthcare provider. Reach out to the Phillips Law Group to begin working with a trusted local personal injury attorney today.
Defining Medical Malpractice
Medical treatment is evidence-based, but it is not an exact science. Each person’s body is unique, and everyone has individual treatment goals. What works for one patient might not work for another, and a disappointing result does not necessarily indicate medical malpractice occurred.
However, if a medical professional does not exercise the degree of knowledge, judgment, or skill as other similarly credentialed professionals in the area, the healthcare provider might have committed medical malpractice. A Tempe attorney represents local patients who suffer harm because a healthcare provider:
- Committed an anesthesia error
- Failed to diagnose cancer or other diseases
- Injured a mother or child during the birthing process
- Made mistakes in prescribing or administering medications
- Failed to inform the patient of all the risks of a treatment or procedure
- Committed a surgical error, including performing unnecessary surgery
- Did not order, misinterpreted, or failed to follow up on lab tests or imaging studies
A negligent healthcare professional is liable for the patient’s medical expenses due to the error and their lost income. They must also financially compensate the patient for their pain and suffering. Unlike many states, Arizona does not cap the damages a patient could receive in a medical malpractice case.
Acting Quickly Is Critical for a Successful Malpractice Claim
It is important for patients who believe a medical error might have harmed them to consult a Tempe attorney promptly. The law restricts the timeframe for filing a lawsuit, and a patient who misses the deadline might lose their opportunity to seek compensation.
In most cases, an injured patient must file a lawsuit within two years of the injury. If the patient is under 18 when the malpractice occurs, they could sue within two years of their 18th birthday. It is often advantageous for a parent to sue on a child’s behalf because evidence is fresh and potentially responsible parties are available. Waiting could lead to evidence eroding or getting lost or the responsible parties going bankrupt or leaving the area.
Sometimes, a patient does not realize they received poor care until some time has passed. A patient who was misdiagnosed or whose doctor misinterpreted a test result might not find out their actual diagnosis until months or years later. In such cases, the law allows a patient to file a lawsuit within two years of discovering the medical error.
Procedural Requirements for Medical Malpractice Claims
Proving medical negligence usually requires an opinion or testimony from one or more medical experts. Arizona Revised Statutes § 12-2603 requires an injured patient (plaintiff) to get a written opinion from a medical expert before filing a medical malpractice claim in most cases. They must include the statement with the complaint initiating the lawsuit.
Once a patient files a lawsuit and serves it to the medical provider, a process called discovery takes place. Discovery involves the exchange of documents, each party giving written answers to questions, and depositions, where the other side’s lawyer asks questions of a party under oath. At the end of discovery, most courts require the party to participate in a settlement conference or mediation to resolve the matter without a trial.
Although settlements can sometimes be beneficial to both sides, sometimes there is good reason to take a case to trial. A Tempe medical negligence attorney prepares every case as if it will go to trial and is ready to persuade a jury that a patient deserves substantial compensation for their injuries.
Speak With a Tempe Attorney About a Medical Malpractice Claim
If a healthcare provider’s poor care caused you significant harm, consult a Tempe medical malpractice lawyer right away. You could collect financial compensation if you can prove the care you received was not up to an appropriate standard.
Give yourself every opportunity to obtain the compensation you deserve. Call the Phillips Law Group today.
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