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 healthcare institution and its staff owe each patient a duty of care to deliver services that meet or exceed the level of treatment provided by their peers in the Arizona healthcare community.
When a failure occurs, and a hospital or a member of a 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; then
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.
Whether your health was damaged or you wrongfully lost a loved one, you could potentially recover for financial losses, damage to your quality of life, and emotional pain and suffering. You could even, in some especially egregious cases, be able to obtain an award of punitive damages. These are special monetary damages designed to deter wrongdoers from blatantly disregarding the life and well-being of future patients.
If you or someone you love suffered a serious medical error or lost their life due to a hospital or a physician’s negligence, you will find the help and advice you need at the Phoenix law firm of Knapp & Roberts. Our Phoenix medical malpractice lawyers have a long, demonstrable record of successfully pursuing hospital malpractice claims resulting in substantial recoveries for our clients.
Knapp & Roberts’ legal team is backed by highly respected physicians and other medical experts. These professionals are on-call to assist us in analyzing your medical records and proving that you were, in fact, a victim of medical negligence.
Our hospital malpractice attorneys:
Focus on your meeting your legal needs and goals;
Return emails and phone calls promptly to keep you informed and updated regarding your hospital malpractice case; and
Pursue negotiations with hospitals and insurers aggressively and are not afraid to move towards trial when a settlement is not forthcoming.
Call Knapp & Roberts today and 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. You pay us absolutely nothing until we obtain a settlement or verdict in your favor.
How a Hospital Malpractice Attorney Can Help You
Hospital malpractice actions are complex, labor-intensive, and challenging. These cases are not for the uninitiated as they consume large quantities of mental and financial resources. 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.
If you are considering or have decided filing a hospital malpractice lawsuit is the right direction for you and your family, Knapp & Roberts can make the process go more smoothly for you. Our hospital malpractice attorneys can reduce the stress on you by:
Assessing your case at no charge or obligation;
Retaining necessary medical experts to testify on your behalf;
Submitting all related paperwork, including court filings and documentation, correctly and on time;
Handling all communications with the hospital and insurance companies;
Assessing your current and future financial losses;
Determining an appropriate amount of pain and suffering, mental, and emotional losses;
Negotiating with the hospital’s insurance company for a potential settlement; or
Taking your case to trial.
Knapp & Roberts will stand beside you throughout the legal process. Our hospital malpractice attorneys are not only a valuable source of legal information but can also offer advice and resource information for victims of malpractice and their families.
Who Can Be Sued in a Hospital Malpractice Lawsuit?
In Arizona, a hospital malpractice claim 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.
This includes but is not limited to:
Employees of health care providers, acting within their scope of employment; and
Blood banks, blood centers, and plasma collection centers.
Is There a Time Limit to Sue for Hospital Malpractice in Arizona?
There is a time limit or statute of limitations to sue for hospital malpractice in Arizona. For most medical malpractice claims, this is two years from the date of the procedure that injured or worsened the patient’s condition.
However, there are certain exceptions that may alter Arizona’s statute of limitations by extending or decreasing the time a patient has to bring their claim.
Proving Hospital Malpractice in Arizona
Hospital malpractice is similar to medical malpractice. Therefore, the burden of proof for the two is similar. Both require proving a medical provider of some kind was negligent when administering care to a patient.
For medical care to be negligent, it fails to comply with or falls below the accepted standards of care of the medical industry. For a patient to recover compensation for negligent medical care, they must suffer some type of injury due to the provider’s negligence.
Meeting the elements of hospital malpractice has four steps. These are as follows:
Proving a victim was an actual patient at the hospital;
Proving negligent or substandard care was provided to the patient;
Establishing this substandard care resulted in the patient’s injury; and
Proving the injury caused monetary, physical, or emotional damages to the patient.
Hospital malpractice cases are multi-faceted and best tackled by a team of legal and medical professionals. Attorneys in this area are specialized and have years of experience analyzing both medical and legal information.
What Types of Damages are Available in Hospital Malpractice Lawsuits?
Hospital malpractice can cause extensive, debilitating injuries to patients. Patients are usually in the hospital for treatment due to an existing condition, illness, or injury, and any negligence or treatment error adds a new illness or exacerbates their current state.
Compensation from a hospital malpractice lawsuit will cover the costs of current and future pain, suffering, and losses that arise from the hospital’s negligence.
It is impossible to calculate damages in a hospital malpractice lawsuit without a thorough review of a case and all of the corresponding records. However, the above are frequently compensated categories of losses in all types of malpractice lawsuits.
What Factors Influence Recovery Amounts in Hospital Malpractice Lawsuits?
Several factors influence recovery amounts in hospital malpractice lawsuits. Every case is unique, as are its circumstances. A hospital malpractice lawsuit will carefully assess the following using their experience and knowledge along with that of medical and financial experts to project appropriate demand amounts in a lawsuit:
The severity of the injury(ies);
The extent of the pain and suffering;
The loss of earning capacity;
The patient’s age; and
Any diminished quality of life.
Several types of losses are difficult to value as they are personal and emotional. An experienced hospital malpractice attorney will take great care and consideration when working with a patient and their family in attributing calculations to these damages in particular.
Arizona’s Rule of Comparative Negligence
Arizona uses the rule of comparative negligence to determine liability in personal injury cases, including hospital malpractice. Under this rule, the court examines and compares the negligence of all the parties in a case, including the victim, when determining whose actions contributed to the injury. Each party is then 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. This does not mean a victim is always found liable for some part of their injury. The victim may be completely blame-free.
For example, if a claim was originally worth $20,000 in damages, but the court finds the victim forty percent responsible for their damages, the award is reduced by $8,000. This makes the new maximum amount of compensation recoverable by the victim $12,000.
How Common Is Hospital Malpractice?
Hospital malpractice is quite common indeed. Much more common than we as patients would like to believe. In fact, the statistics are appalling.
The Institute for Healthcare Improvement estimates there are 15 million incidents of medical harm each year. The annual death toll due to medical mistakes is at least 65,000 to 200,000, according to hospital records. However, records may obscure the truth.
New research shows these figures to be much higher and put medical mistakes between 220,000 and 440,009. Compare this to fewer than 33,000 deaths from highway accidents.
Medical records reflect that a mere 2.9 percent of victims of malpractice file claims, and only one in four malpractice-caused injuries appear in the hospital records! This means most go unrecorded.
What Causes Hospital Malpractice?
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.
Several ways hospitals and staff fail their patients are completely preventable. Many causes of hospital malpractice can be linked to:
Improperly trained staff;
Understaffing, such as a low nurse-to-patient ratio;
Defective or unsafe facilities;
Unsanitary practices or equipment;
Outdated or defective equipment;
Lost test results;
Poor communication; and
Lack of communication.
Hospital oversights can result in serious, permanent injuries, as can improper hospital staff administration. Understaffing and inadequate training can cause breakdowns throughout the hospital.
One of the most common causes of hospital malpractice is nursing negligence. Nursing negligence can take many forms, including:
Failure to properly assess and monitor a patient;
Failure to note changes in behavior or vital signs;
Failure to communicate or follow up on test results;
Restraint or bed rail injuries;
Surgical items left inside a patient; and
Surgery performed on the wrong patient or wrong body part.
Contact An Experienced Phoenix Hospital Malpractice Lawyer Today
When you or your loved one go into a hospital, it is with the hope of recovering your health and well-being. You never imagine you could come out with a worse problem than before—or in a body bag. If a hospital has failed you or your family member, a Phoenix hospital malpractice attorney can help you retrieve full compensation for the loss and suffering you are enduring.
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 patients suffer and die as a result.
If this has happened to you or someone you love, you have recourse. You can recover money in damages for your financial, emotional, and physical quality of life. You can also help reduce the shocking incidence of hospital malpractice that occurs in American hospitals by holding the hospital 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 skills to tell your story to a jury.
Our legal team will get to know you and your family. We will help the jury understand what has happened to you 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.