Phoenix Medical Malpractice Lawyer
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.
Patients place significant trust in doctors, nurses, and other healthcare professionals to provide safe, competent medical care. Although most providers deliver appropriate treatment, preventable medical errors can still occur. Depending on the circumstances, these mistakes may lead to serious injuries, additional medical complications, or other lasting consequences for patients and their families.
Healthcare providers are generally expected to meet an accepted standard of care when treating patients. When a provider fails to meet that standard and the failure causes harm, the injured patient may have grounds to pursue a medical malpractice claim. Learning about the legal principles that govern these cases can help you better understand your rights and the options that may be available.
The Elements of Medical Malpractice in Phoenix, Arizona
Arizona medical malpractice claims are generally based on the legal theory of negligence. To succeed in a claim, a plaintiff must establish that a healthcare provider failed to meet the applicable standard of care and that this failure caused compensable harm.
Although every case is unique, medical malpractice claims typically require proof of the following elements:
Doctor-Patient Relationship
A valid medical malpractice claim generally requires the existence of a doctor-patient relationship. This relationship establishes that the healthcare provider owed the patient a duty to provide treatment consistent with the applicable standard of care. In most cases, the relationship begins when the provider agrees to evaluate, diagnose, or treat the patient.
"*" indicates required fields
Breach of Duty
After establishing that a duty existed, the next step is showing that the healthcare provider breached that duty. A breach occurs when the provider’s actions, or failure to act, fall below the accepted standard of care that a reasonably competent healthcare professional would have provided under similar circumstances.
Causation
Next, you must prove that the medical professional’s breach caused your injury or worsened an existing condition. Proving causation can be difficult. The medical professional and their insurance company may claim that you did not follow the doctor’s instructions correctly or that something else caused your injuries.
Establishing causation often requires a careful review of the patient’s medical records, the timeline of events, and, in many cases, expert medical testimony. Evidence must show that the provider’s negligence was a direct cause of the patient’s injuries or that it significantly contributed to the harm suffered.
Damages Suffered
Finally, a plaintiff must show that they suffered actual damages as a result of the provider’s negligence. Recoverable damages may include additional medical expenses, lost income, pain and suffering, emotional distress, disability, or other losses related to the injury.
Client Testimonials
Arizona’s Statute of Limitations and the Discovery Rule in Medical Malpractice Cases
Medical malpractice claims in Arizona are generally subject to a statute of limitations, which establishes the deadline for filing a lawsuit. In many cases, this deadline is two years, although the date the limitations period begins may depend on the specific facts of the case.
Because injuries caused by medical negligence are not always immediately apparent, Arizona recognizes the discovery rule in certain circumstances. Under this rule, the filing deadline may begin when the injured person knew or reasonably should have known that their injury was caused by possible medical negligence rather than on the date the medical care was provided.
The statute of limitations may also be affected by other factors, including the age or legal capacity of the injured person and other circumstances recognized under Arizona law. Because filing deadlines can vary depending on the facts of a particular case, it’s important to consult with a Phoenix medical malpractice lawyer as soon as possible.
Contact an Experienced Phoenix Medical Malpractice Attorney Today
Suffering harm at the hands of a professional you trusted to prioritize your health and best interests is an incredibly frustrating and emotional situation. Someone who was meant to make you better instead inflicted harm.
Medical malpractice claims can be legally and medically complex, often requiring extensive evidence and expert testimony. If you believe you were harmed by negligent medical care, consulting with an attorney can help you better understand your rights, evaluate the circumstances of your case, and determine the next steps that may be available.
Receive A Free Case Evaluation
"*" indicates required fields
