NOTE: Feller & Wendt, LLC does not handle medical malpractice cases. This page is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney-client relationship.
Medical professionals such as doctors, nurses, and anesthesiologists have a legal responsibility to provide safe, dependable, and skilled methods and procedures when providing treatment. When a healthcare professional’s negligence results in injury or danger to the patient, it may be considered medical malpractice. Victims of such harm may pursue compensation for the damages caused by the medical provider’s carelessness.
If you have been terribly injured due to negligent medical supervision, you may be able to recover compensation for medical malpractice. Speak to an experienced Arizona medical malpractice lawyer to learn more about your rights and options.
What Is Medical Malpractice in Arizona?
Arizona Statute ยง 12-563 explains that medical malpractice claims are based on negligence, which requires a medical professional to fail to provide acceptable standards of care seen in the medical field.
A patient simply being unsatisfied with a medical procedure doesnโt qualify as medical malpractice. Additionally, a medical professional making a mistake doesnโt necessarily constitute medical malpractice.
Four criteria must typically be met in order to have a successful medical malpractice claim:
1. A Relationship Existed Between Doctor and Patient
You must show that an official relationship was established between you and the medical professional. This typically occurs during your first appointment, where the doctor agrees to carry out a treatment plan and establishes an obligation to provide an adequate standard of care.
2. The Medical Professional Was Negligent
You must demonstrate that your medical professional was negligent and failed to provide an adequate standard of care. This breach of duty has to show that treatment fell below the standards seen in the medical industry for similar circumstances and conditions. Namely, if another doctor was to treat you, you would not have experienced the same injuries and substandard care.
3. The Medical Professionalโs Negligence Caused Your Injuries
You must prove that the substandard care and negligence of your medical provider caused your injuries or worsened your condition. To prove this element, you will need to provide evidence of your injuries or worsening condition and proof that they would not have occurred if you received treatment from a different medical provider.
4. The Victim Suffered Substantial Damages as a Result of Negligence
The final criteria you must prove is that you suffered damages as a result of your medical providerโs negligence. For example, you may have experienced additional emotional distress from your injury, or you may have had to pay for additional medical care to correct the harm caused by your negligent doctor.
Damages Awarded in an Arizona Medical Malpractice Case
Damages awarded in an Arizona medical malpractice case typically cover both monetary damages and more subjective, personal losses.
Medical malpractice victims may be able to recover compensation for losses including:
- Medical expenses: If a medical providerโs negligence caused damages enough to require additional corrective procedures, longer hospital stays, a more difficult recovery, or anything else that led to higher medical expenses, you may recover damages for these losses.
- Lost income or earning capacity: When medical negligence results in missed time off work or lost earning capacity, you may recover damages for wages you could have earned had the treatment been performed adequately.
- Pain and suffering: The value of your emotional pain and suffering experienced due to medical negligence can be proven through evidence like expert witness testimony or your own journals documenting your pain over time.
- Punitive damages: In rare cases, punitive damages may be awarded in order to punish the medical professional for the harm they caused and to deter them or others from repeating the same actions in the future.
Speak to an experienced Arizona medical malpractice attorney for an assessment of your case and a determination of what damages you may potentially recover. They can conduct a comprehensive investigation into your claim and obtain critical evidence to prove negligence.
Speak to an Experienced Arizona Medical Malpractice Lawyer for Legal Help
If you have been a victim of medical negligence that resulted in substantial losses after treatment, speak to a skilled Arizona medical malpractice lawyer for a chance to obtain accountability for the harm you have endured.
They will conduct a comprehensive, effective investigation into your claim, gather valuable evidence on your behalf, and work to build a solid case in order to recover the compensation you are owed.
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