What to Do If You Suspect Medical Malpractice In Arizona?

We trust our doctors and other medical providers with our very lives, expecting them to prioritize our safety, health, and well-being as much as we do. Unfortunately, studies indicate that medical malpractice occurs far more often than most people imagine. One of the most explosive research results within the medical community is a Johns Hopkins University study revealing that over 250,000 patients die each year due to medical malpractice, which makes it one of the leading causes of death in the United States.

If you suspect that you or a loved one suffered a serious injury or worsened medical condition due to medical malpractice, it’s crucial to know your rights, legal options, and what steps you should take to protect your physical and financial future. Speaking with an experienced Phoenix medical malpractice lawyer can help you understand your case and pursue the compensation you deserve.

What are the Most Common Types of Medical Malpractice In Arizona?

Doctors not only take an oath to do no harm, but they must also adhere to their legal duty of care to their patients. This duty of care requires them to treat their patients at the standard of care that’s accepted by the medical community. Unfortunately, medical providers sometimes violate this duty of care. The most common types of medical malpractice in Arizona include the following:

• Medication mistakes
• Anesthesia errors
• Misdiagnosis
• Missed diagnosis
• Delayed diagnosis
• Unnecessary surgery
• Surgical errors, such as wrong-patient/wrong-side/wrong-site surgeries, or surgical tools left behind
• Failure to obtain informed consent
• Failure to provide adequate post-surgical care
• Failure to give adequate post-op care instructions
• Birth injuries
• Hospital-acquired infections

If you or a loved one suspects that you’ve suffered from one of the above types of medical malpractice or any other injury caused by a medical provider’s negligence, you must take immediate action.

Obtain a copy of Your Medical Records for a Medical Malpractice Case In Arizona

Your medical records are not only the key to proving medical malpractice occurred and the injury a provider’s negligence caused you, but they’re also critical to helping another doctor provide the medical care you need to address the malpractice injury and minimize any permanent harm. Unfortunately, some types of harm cannot be undone, especially if the malpractice caused the unnecessary loss of a limb, organ loss, advanced cancer, or death. Still, a complete copy of your medical records from the facility where the malpractice occurred can help another doctor treat the injury appropriately.

Proving medical malpractice also requires medical records showing an injury victim’s general medical condition before and after the malpractice occurred.

See a Trusted Physician for a Full Evaluation and Follow Their Care Instructions

First, protecting yourself or your injured loved one from further harm or a worsened medical condition is critical. 

If you think a medical provider’s negligent actions have harmed you, you should seek medical care from a trusted doctor. Bring a copy of your medical records from the facility where the malpractice happened. Then, follow your trusted physician’s instructions carefully. Be sure to attend all appointments and fill all prescriptions. Failing to follow a doctor’s orders can result in a denial of your medical malpractice claim for compensation for your damages.

Hire an Arizona Medical Malpractice Attorney

Medical providers and the facilities they work for do not quickly capitulate to medical malpractice claims. Often, they fight these claims, and their insurance companies dispute or devalue claims. They may also quickly reach out with a low settlement offer before the injury victim has time to know the full scope of the damages they are facing. By hiring an experienced Arizona medical malpractice lawyer, you can take immediate action to protect yourself. Your attorney will do the following:

• Handle all communication with the medical provider, the medical facility, and the  malpractice insurance company
• Investigate all aspects of the malpractice by examining the medical records and consulting with renowned medical experts
• Interviewing eyewitnesses, such as other staff members
• Determining the correct liable party, whether it’s a doctor, a nurse, a member of the care team, an administrator, a pathologist, a lab technician, or the medical facility itself
• Carefully calculate your past, present, and future damages by consulting with medical and occupational experts
• Send a demand package with evidence of liability and your damages to the appropriate insurance policy
• Negotiate with the insurance company to obtain the largest possible settlement for your damages

Many Arizona medical malpractice cases are resolved with a settlement from the insurance company, but depending on the circumstances, a case may require litigation in court. If your case requires a trial, your medical malpractice lawyer will present the evidence through a well-executed strategy in court and seek a positive jury verdict and largest possible award for your damages.

What Is the Standard of Liability In Medical Malpractice Cases?

Although medical malpractice is a category of personal injury claims, the standard for proving liability is different in medical malpractice claims than in typical personal injury claims, which requires showing negligence in meeting the general standard of reasonable care toward others. Doctors are held to a higher standard of care. Proving liability in a medical malpractice claim requires showing the following:

• That a doctor/patient relationship existed at the time the injury occurred
• The medical provider owed a duty of care to treat the patient at the standard of care accepted by the medical community
• They breached this standard of care through medical malpractice
• The breach of their duty caused injury
• The injury victim suffered damages from the injury

The amount of damages in a medical malpractice claim depends on the severity of the injury or worsened medical condition, as well as the financial consequences to the victim. Proving liability is a crucial aspect of recovering compensation for medical malpractice in Arizona.

What Damages Are Available In a Medical Malpractice Claim in Arizona?

A successful medical malpractice claim cannot erase the harm caused by the malpractice, but it can help an injury victim access the best possible medical care, alleviate related financial anxieties, and provide a sense of justice through financial accountability. Common damages recovered in Arizona medical malpractice claims include the following:

• Reimbursement of past medical expenses
• Future medical expenses
• Out-of-pocket costs
• Lost earnings
• Future income loss
• Reduced earning ability
• Compensation for pain and suffering

Some medical malpractice victims also recover additional compensation for catastrophic injuries such as loss of limb, loss of vision, hearing loss, scarring, disfigurement, loss of enjoyment of life, or diminished quality of life.

If a medical malpractice claim results in death, a close family member could recover compensation through a wrongful death claim.

Contact Knapp & Roberts Today

If you believe you or a loved one has been harmed by medical malpractice, don’t wait to seek help. The experienced Arizona medical malpractice attorneys at Knapp & Roberts are here to listen, guide you through your options, and fight for the justice and compensation you deserve. Call us today at (480) 991-7677 or contact us online for a free, confidential consultation.