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 inflicts harm or danger to the patient due to negligence, this results in medical malpractice and victims may pursue compensation for the damages caused by being under their care. Damages may include expenses from physical injuries, pain and suffering, and other losses.
If you have been terribly injured due to negligent medical supervision, you may be able to recover compensation for medical malpractice. Speak to the experienced Arizona lawyers at Feller & Wendt for a complimentary assessment of your claim. With over 70 years of combined experience and an unmatched level of service, we will fight for the compensation you deserve.
What Is Arizona Medical Malpractice?
In order to qualify as medical malpractice, several criteria must be met in order to have a successful case. A patient simply being unsatisfied with a medical procedure doesn’t qualify as medical malpractice. Additionally, a medical professional making a mistake doesn’t necessarily constitute medical malpractice.
Arizona Statute § 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.
The four criteria must be met in order to have a successful medical malpractice claim:
A Relationship Existed Between Doctor and Patient
You must show that an official relationship was established between you and your doctor. This typically occurs during your first appointment, where the medical professional agrees to carry out a treatment plan and establishes an obligation to provide an adequate standard of care.
The Medical Professional Was Negligent
You must demonstrate that your medical professional was negligent in providing 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.
The Medical Professional’s Negligence Caused Your Injuries
You must prove that the substandard care and negligence of your medical provider caused your injuries or worsened your condition. In order to prove Arizona medical malpractice, you need to provide evidence of your injuries or worsening condition and that they would not have occurred if you received treatment from a different medical provider.
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 provider’s negligence. This requires evidence of harm caused in the form of physical injuries or emotional damages. Examples of this include medical expenses, lost time at work, and other losses.
Damages Awarded in an Arizona Medical Malpractice Case
Damages awarded in an Arizona medical malpractice case typically cover tangible losses and expenses that the victim endured due to medical negligence. Damages may include:
- Medical expenses: If a medical provider’s negligence caused damages enough to require additional corrective procedures, longer hospital stays, a more difficult recovery, or anything else that lead 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: Damages for emotional pain and suffering experienced due to medical negligence can be determined through expert witness testimony.
- Punitive damages: In certain cases, punitive damages can be awarded in order to punish the medical professional for the harm they caused and to deter them 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. We conduct a comprehensive investigation into your claim and obtain critical evidence that may prove negligence. We fight for the fair, maximum compensation you deserve for the substantial losses you have endured.
Speak to an Experienced Arizona Medical Malpractice Lawyer at Feller & Wendt
If you have been a victim of Arizona medical negligence that resulted in substantial losses after treatment, speak to a skilled Arizona medical malpractice lawyer at Feller & Wendt for a chance to obtain accountability for the harm you have endured. Our lawyers have over 70 years of combined experience fighting for medical malpractice victims and will work tirelessly for the fair compensation you deserve.
The legal team at Feller & Wendt is proud to offer exceptional, knowledgeable and an unmatched level of service for Arizona clients affected by medical negligence. We 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 maximum compensation you are owed. Call (480) 702-2277 or fill out our contact form if you think you have experienced medical malpractice in Arizona.
