Scottsdale Wrongful Death Medical Malpractice Attorney

Because few of us have the training of medical doctors, we’re compelled to place our trust and our lives in the hands of our medical providers, or we must trust them with the care of a loved one. Tragically, sometimes that trust is misplaced, and the end result is the wrongful death of a loved one who sought medical care.

A Scottsdale wrongful death medical malpractice lawyer can help your family give your lost loved one back their voice for justice through a medical malpractice wrongful death claim to recover your family’s losses. Call Knapp & Roberts today to speak with a Phoenix medical malpractice lawyer who will fight tirelessly for your family’s rights.

Why Choose Knapp & Roberts for Your Wrongful Death Medical Malpractice Claim in Scottsdale?

After a loved one’s wrongful death, it can be difficult to take legal action while you are suffering from a grievous loss. By choosing legal representation from Knapp & Roberts, you have the following advantages in your claim:

• A personalized legal strategy with maximizing your family’s compensation as our highest priority
• Access to renowned medical experts to support your case
• Over 30 years of experience in Arizona’s malpractice insurance system and civil courts behind your claim
• An experienced investigation and a compelling claim on your behalf by an attorney with a history of exceptional results, including a recent $2.5 million settlement for a cervical cancer death

After a free consultation, Knapp & Roberts goes to work for you at no upfront cost, only getting paid after first recovering compensation for you in your case.

What are the Common Causes of Wrongful Death Medical Malpractice Claims In Scottsdale?

When doctors cut corners, spend inadequate time with their patients, make errors, or fail to order the proper diagnostic tests, the results can be serious harm to a patient, including shortened life expectancy and wrongful death. Among the most common causes of medical malpractice that lead to wrongful death are the following:

• Misdiagnosis
• Missed diagnosis
• Delayed diagnosis
• Medication mistakes
• Surgical errors, such as wrong-patient, wrong-site, or wrong-side surgeries, and surgical implements left behind
• Failure to order diagnostic tests
• Misinterpreting test results
• Failure to take a complete medical history
• Anesthesia errors
• Negligent post-surgical monitoring
• Failure to diagnose an infection
• Failure to treat

Proper, life-saving medical care begins with a prompt, accurate diagnosis. When a doctor’s negligence delays diagnosis and proper treatment, it can result in medical malpractice in Arizona. Malpractice can cause serious or catastrophic harm. In the worst cases, medical malpractice leads to a patient’s death.

Can I File a Medical Malpractice Wrongful Death Claim for My Loved One?

Under Arizona 12-612, the state limits those who can file a wrongful death claim to immediate family members. This helps to prevent distant relatives from profiting from the death when they don’t experience financial impacts from the loss. In Arizona, only a spouse, parent, guardian, or child may file a wrongful death claim, including for medical malpractice. If none of those file a claim, then a representative of the victim’s estate may file a claim on behalf of the estate. Then, any compensation recovered is distributed according to the decedent’s will or the state’s intestacy laws for those who die without a will. 

If the decedent doesn’t have a named personal representative, a family member like a sibling, parent, or grandparent may step forward and ask the court to appoint them as a representative.

Proving Liability for a Medical Malpractice Wrongful Death In Scottsdale, AZ

Doctors and other medical providers have a special duty of care to their patients that goes beyond the general duty of care that ordinary people owe to each other, and that’s cited in typical personal injury claims, like slip-and-fall accidents and car crashes. Instead, a doctor’s duty of care is enhanced for treating patients. Proving medical malpractice liability requires evidence that demonstrates the following:

• A doctor/patient relationship was in place at the time the wrongful death occurred
• The doctor owed a legal duty of care to treat the patient at the level of care accepted as the standard practice by the medical community
• They breached this duty of care through negligence
• The breach of duty directly caused the patient’s wrongful death
• The family of the decedent suffered economic losses from the death, as well as emotional anguish

After losing a loved one in a preventable death caused by a medical provider’s malpractice, it can be difficult to keep a clear head and take purposeful action; however, a wrongful death claim can bring your family a sense of justice through financial accountability.

Who Is Liable for a Scottsdale Wrongful Death From Medical Malpractice

Most medical malpractice claims are filed against the negligent doctor or other provider; however, depending on the circumstances, the liable party could be the hospital or medical facility, especially if the doctor who caused the death is an employee and not an independent contractor. Less commonly, the liable party could be a nurse, the facility administration, a laboratory or imaging department, a pathologist, or another member of the care team.

What Can I Recover In a Scottsdale Medical Malpractice Wrongful Death Claim?

No legal process brings back a lost loved one or eases the grief of losing a family member. Still, a successful medical malpractice wrongful death claim eases the financial hardship associated with the death and allows you and your family to move forward. A successful claim recovers the following common damages:

• Reimbursement for medical expenses before the death
• Funeral and burial expenses
• The claimant’s lost wages for time away from work during the grieving period
• Lost income and benefits for the number of earning years the decedent would have had remaining to them had they not died
• Loss of household services
• Compensation for emotional grief and anguish
• Compensation for loss of companionship and consortium or a parent’s or child’s love and support

An experienced Scottsdale wrongful death medical malpractice lawyer carefully calculates your damages to recover the maximum compensation available to your family.

Contact the Scottsdale Wrongful Death Medical Malpractice Attorneys at Knapp & Roberts

At Knapp & Roberts, we understand the deep distress you and your family feel after your loved one’s preventable death. A complex legal process may feel overwhelming, but by placing your claim in the hands of an experienced, assertive Scottsdale medical malpractice lawyer, you can focus on spending time with your grieving family while your lawyer navigates your claim. Call Knapp & Roberts today for a free consultation with a compassionate medical malpractice lawyer.