Most healthcare professionals do their best to provide their patients with quality care. However, some lack the knowledge or skill to take care of their patients properly, and even the best make mistakes sometimes.
When a medical error causes you harm, the medical professional could be responsible for paying you compensation. Consult a Tolleson medical malpractice lawyer from Phillips Law Group to learn whether you have grounds to bring a personal injury lawsuit against a medical provider.
Malpractice Lawsuit Basics
All licensed healthcare professionals must provide care that meets the standard a similarly qualified professional would in similar circumstances. Licensed healthcare professionals include doctors, nurses, dentists, physical therapists, chiropractors, clinical psychologists, and others. Medical malpractice laws also apply to facilities that provide medical services like hospitals, clinics, nursing homes, and urgent care centers.
When a provider fails to exercise the judgment, skill, and knowledge one expects of practitioners in the field, and their failure causes actual harm to a patient, the patient could bring a medical malpractice action. Medical malpractice could arise in various situations including the following:
- Not taking or considering a thorough medical history
- Providing inadequate follow-up care
- Not using appropriate measures to prevent falls
- Failing to order diagnostic or screening tests
- Misdiagnosing or failing to diagnose a disease or condition
- Making mistakes during delivery that lead to birth injuries
- Failing to obtain informed consent before a procedure or course of treatment
- Committing surgical errors, including performing the wrong operation or operating on the wrong body part
Providing unnecessary medical services also could be medical malpractice in certain cases.
A medical malpractice lawsuit requires that the patient suffer actual harm from the medical provider’s error. An increased chance of developing a condition or disease in the future is not adequate legal grounds to support a malpractice suit. A Tolleson attorney from Phillips Law Group can review medical records and conduct interviews to determine whether there is sufficient evidence of actual harm to move forward with a lawsuit.
Special Procedures Apply to Malpractice Lawsuits
A patient alleging that a medical error caused them harm must file a lawsuit within two years. If the malpractice was not apparent immediately, the two-year time limit begins on the date the patient discovered or should have discovered that malpractice occurred. When a patient is under 18, they have until two years after their 18th birthday to file a lawsuit. However, it is usually preferable for a parent or guardian to sue on the child’s behalf as soon as the malpractice is apparent.
Usually, a Tolleson medical negligence attorney will begin a case by filing a lawsuit. However, they must present the patient’s medical records to an expert for review before they do so. Arizona Revised Statutes §12-2603 requires the attorney to file a preliminary affidavit from a medical expert with the initial filing. This is a signed statement from a qualified healthcare provider describing the facts that led to the allegation of malpractice, how the healthcare professional who treated the patient failed to meet the applicable standard of care, and the harm the patient suffered because of the malpractice.
No Caps on Malpractice Compensation
Most states have laws limiting the compensation a healthcare provider must pay to a patient they have harmed. Arizona has not enacted any caps on malpractice awards, so an injured patient could potentially recover the full amount of the damages they can prove. A Tolleson attorney from Phillips Law Group can help a patient and their family document the financial and non-economic impacts the malpractice has had on their lives.
Compensation for pain and suffering damages is a major component of medical malpractice damages. A patient could obtain compensation for the inconvenience, emotional turmoil, physical pain, embarrassment, scarring, and other impacts of the medical provider’s mistake. When the error shortens the patient’s lifespan or leads to permanent or temporary disability, the healthcare provider must pay money in acknowledgment of the impact on the patient and their family. The healthcare provider is also responsible for paying the injured patient’s medical costs, diminished income, and incidental expenses associated with the error.
Consult a Tolleson Attorney About a Potential Medical Malpractice Claim
Healthcare providers can do substantial harm when they are careless or lack skill. The law provides a way for you to hold them accountable for their mistakes.
Medical malpractice lawsuits are complex, and a successful outcome requires a tenacious and knowledgeable Tolleson medical malpractice lawyer. There is only a short time to act, so don’t hesitate — speak with an experienced attorney today to start the legal process. Call Phillips Law Group to begin working with a dedicated member of our team before it’s too late, and get the justice you deserve with the help of legal advocates with more than 30 years of experience helping individuals just like you.
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