When you are admitted to an Arizona hospital, you are putting your life and health in the hands of trained professionals, and you have a right to receive all the benefits of their training, knowledge, and experience. Every health care institution and its staff owe each patient a duty of care to deliver services that meet or exceed the level of treatment accepted by others in the Arizona health care community.
When a failure occurs, and a hospital or a member of the hospital staff either fails to do something that should have been done or does something to you that should not have been done, and you suffer harm as a result—whether it is damage to your health or a wrongful death of a loved one—you should consult an experienced Phoenix hospital malpractice lawyer to learn how you can hold the wrongdoers responsible for the harm they’ve caused through their negligence.
Not only can you potentially recover for financial losses, damage to your quality of life, and emotional pain and suffering, you may, in some especially egregious cases, be able to obtain an award of punitive damages designed to deter future occurrences of a blatant disregard for the life and well-being of a patient.
Our Experienced Phoenix Hospital Malpractice Attorneys Can Help
Hospital malpractice actions are complex, labor-intensive, and challenging. They are not for the uninitiated. You need a Phoenix medical malpractice attorney with years of health care experience, familiarity with state malpractice statutes, knowledge of medical terminology and procedures, and relationships with respected medical professionals in the community, who will assist in the review of your medical records to identify the error and help to demonstrate how it deviated from accepted health care practices.
If you or somebody close to you has been injured or killed by a medical error that can be attributed to a hospital or physician negligence, you will find the help and advice you need at the Phoenix law firm of Knapp & Roberts. Our personal injury lawyers in Phoenix have a long, demonstrable record of successfully pursuing hospital malpractice claims, resulting in substantial recoveries for our clients. Our legal team is backed by highly respected physicians and other medical experts who are on call to assist us in analyzing your records and proving that you were, in fact, a victim of medical negligence. We focus on your needs and goals and always keep you informed about what is happening with your hospital malpractice case. We return emails and phone calls promptly.
Call Knapp & Roberts to schedule a free consultation to learn about your legal options. We assume all the risk, front all the expenses, and do all the work needed to build your case, and you pay us absolutely nothing until we obtain a settlement or verdict in your favor.
Arizona Hospital Malpractice Laws
Hospital malpractice occurs when a patient suffers harm, injury, or death because a medical professional or provider failed to provide the appropriate care or treatment. Medical malpractice claims are based on the legal theory of negligence, which requires proving that a medical professional or provider failed to follow the accepted standards of care of the medical industry, and this directly caused the victim’s injuries.
There are five critical elements for proving negligence in any Arizona hospital malpractice case, including hospital malpractice cases. These are as follows:
There was a relationship between the victim and the doctor or medical provider;
The medical provider agreed to treat the victim and explained the method of treatment;
There was a breach of the provider’s duty to provide quality treatment and medical care. The provider failed to perform at the level of care that others with the same training and experience would have under the same circumstances;
That breach of duty caused the victim’s injury or worsened their condition; and
The victim suffered some form of damage or loss as a result of the medical provider’s breach of duty. This harm can be physical, financial, emotional, or psychological harm.
Arizona uses the rule of comparative negligence to determine liability in personal injury cases, like hospital malpractice. Under this rule, the court examines and compares the negligence of all parties to determine whose actions contributed to the injury, and each party is assigned a percentage of fault for the injury. If a victim is found partially at fault for their injury, their compensation award is reduced by their percentage of fault.
For example, if a claim was originally worth $20,000 in damages, but a court finds the victim forty percent responsible for their current condition, it is reduced by $8,000. The new maximum amount of damages recoverable by the victim is $12,000.
In Arizona, a hospital malpractice claim in Arizona can be brought against any licensed health care provider. A licensed health care provider is considered a person, corporation, or institution certified by the state to provide health care, medical services, nursing services, or other health-related services, such as:
Employees of health care providers, acting within their scope of employment; and
Blood banks, blood centers, and plasma collection centers.
There are statutes of limitations, or deadlines, in which victims of hospital malpractice must file their claims in order to recover any compensation for their injuries in Arizona. For most medical malpractice claims, this is two years from the date of the procedure that injured or worsened the victim’s condition.
However, there are certain exceptions that may alter Arizona’s statute of limitations by extending or decreasing the time a victim has to bring their claim.
How Common is Hospital Malpractice?
Very common indeed. The statistics are appalling:
The annual death toll due to medical mistakes is at least 65,000 to 200,000, according to hospital records. But records may obscure the truth, and new research has shown the figures to be more accurately between 220,000 and 440,009. Compare this to fewer than 33,000 deaths from highway accidents.
At best, only one in four malpractice-caused injuries appears in the hospital records! Most are unrecorded.
The Institute for Healthcare Improvement estimates there are 15 million incidents of medical harm each year.
What Causes Hospital Error?
Any number of accidents and mistakes can take place in a hospital setting. Doctors, nurses, and medical technicians hold patients’ lives in their hands every day, and any lack of training or supervision can result in tragic errors.
Hospital incidents can result from bad hospital policy and adverse drug events, infections caused by contaminated equipment, and ventilator-associated pneumonia are among the most common examples of patient harm caused by negligence in a hospital setting.
Other types of errors that can occur in a hospital setting include but are not limited to the following:
Improper use of medical equipment;
Insufficient patient supervision;
Inadequate post-op care;
Artificial insemination errors;
Patient injury caused by a fall or being dropped;
Failure to communicate or follow up on test results;
Misreading of a patient’s chart;
Restraint or bed rail injuries;
Surgical items left inside a patient; and
Surgery performed on the wrong patient or wrong body part.
The Importance of Experienced Counsel in Arizona
Hospital malpractice actions are complex, labor-intensive, and challenging. They are not for the uninitiated. You need a Phoenix hospital malpractice attorney with years of health care experience, familiarity with state malpractice statutes, knowledge of medical terminology and procedures, and relationships with respected medical professionals in the community, who will assist in the review of your medical records to identify the error and help to demonstrate how it deviated from accepted health care practices.
Contact an Experienced Phoenix Hospital Malpractice Lawyer Today
You or a loved one go into a hospital with the hope of recovering your health and come out with a worse problem than before—or in a body bag. A Phoenix hospital malpractice attorney is there to retrieve full compensation for patients who endure this. Many Americans put their faith in the professionalism of hospitals, doctors, and hospital staff, but that faith is not always deserved.
Medical mistakes and hospital malpractice happen in U.S. hospitals every day, and people suffer and die as a result. If this has happened to you or someone you love, don’t chalk it up to fate; when a medical error is caused by a negligent act or omission on the part of the hospital or its personnel, you do have recourse. You can recover money in damages for your financial, emotional, and quality of life damages and help reduce the shocking incidence of hospital malpractice that occurs in American hospitals by holding them accountable for their negligence and misdiagnosis.
Let Knapp & Roberts tell your story. WE CARE, AND WE CAN HELP. CONTACT US (480) 991-7677 OR FILL OUT THE FORM BELOW. The personal injury attorneys in Phoenix, Arizona, at Knapp & Roberts have the compassion and trial lawyer skills to tell your story to a jury. Our legal team will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives.
Obtain the compensation necessary for the injuries and losses you have suffered by reaching out to Knapp & Roberts today.
Let us tell your story
we care, and we can help. Contact us 480-991-7677 or fill out the form below
The personal injury attorneys in Phoenix, Arizona, at Knapp & Roberts have the compassion and trial lawyer skills to tell your story to a jury. We will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives. Obtain the compensation necessary for the injuries and losses you have suffered.