Medical Malpractice Attorneys in Phoenix, AZ
Understanding the risks.
If you’ve heard an advertisement for any medication, you’ve heard the long list of warnings and possible side effects. Like medication, most surgeries have a long list of possible side effects or known dangers.In most situations, however, the dangers are unlikely and the outcome is worth the risk. But that is not always the case.
It’s the doctor’s job to explain the possible risks and receive consent from the patient who is undergoing surgery. If you suffered injuries that a doctor failed to warn you about before surgery, you may be eligible for compensation.
The consequences for healthcare professionals who fail to meet the accepted standard of care can be devastating. Residents of Phoenix who have suffered at the hands of medical negligence face mounting medical bills, lost wages, and physical or emotional suffering that impacts every aspect of their lives. Medical malpractice attorneys can help these victims navigate the legal process and get compensation for their injuries.
How is Liability Determined in Medical Malpractice Cases?
To establish liability in a medical malpractice case, four things must be true:
- A doctor-patient relationship existed, creating a duty of care.
- The healthcare provider breached that duty by deviating from the accepted standard of care.
- The provider’s negligence directly caused the injury.
- The patient suffered actual physical, emotional, or financial damages as a result.
Establishing liability often requires expert medical testimony to establish the connection between the actions of the medical provider and the harm caused to the patient.
In Arizona, plaintiffs must submit a preliminary affidavit from an expert within a specific timeframe after the harm occurred, making it essential to work with an attorney as soon as possible. They will understand all of these requirements and have access to medical professionals.
What Kind of Damages Can I Seek in a Medical Malpractice Case?
Victims of medical malpractice can seek up to three types of compensation:
Economic damages cover quantifiable financial losses. These include past and future medical expenses, lost wages and diminished earning capacity, and the cost of rehabilitation.
Non-economic damages provide compensation for losses that are real but harder to quantify. This includes pain and suffering, emotional distress, loss of enjoyment of life, and damages for family members impacted by the injury.
Punitive damages are rare but are possible in cases where the provider acted particularly egregiously. They are designed to punish the wrongdoer and deter them from similar behavior in the future.
What is the Expected Outcome of a Successful Medical Malpractice Lawsuit?
Successful medical malpractice claims typically result in financial compensation for the victim that addresses current losses as well as anticipated future needs. The actual settlement amount varies wildly based on the severity of the injuries incurred, the strength of the evidence, and the defendant’s insurance coverage. Many cases settle before trial, allowing victims to get compensation quickly and to avoid the uncertainty of a jury verdict.
How Do I Start a Medical Malpractice Claim?
The first step to starting a malpractice claim is to gather all of your medical records and document everything related to your injury. Arizona has a two-year statute of limitations for most medical malpractice claims, so it’s important that you act promptly after the harm has occurred.
The next step is to schedule a consultation with an experienced medical malpractice attorney. They will evaluate your case to determine if it has merit. During the initial meeting, your attorney will review the records you’ve provided and talk with you about the circumstances surrounding your injury. Afterwards, they’ll explain to you what your legal options are. If the case has merit, the attorney will start the process of getting expert opinions, investigating the full facts of the case, and preparing your claim.
How an Experienced Medical Malpractice Attorney Can Help Your Case
An experienced attorney is especially important for medical malpractice claims, as they are one of the most complex areas of personal injury law. An experienced attorney will understand how to navigate the procedural requirements laid out by Arizona law, including the affidavit requirements that often trip up unrepresented claimants.
Your attorney will work with medical experts who will review your records, identify where the standard of care was breached, and provide testimony to that effect. The attorney will handle negotiations with insurance companies and defense attorneys, providing protection from tactics designed to minimize the amount you’re awarded.
Perhaps the most important thing an experienced attorney does for you is giving you time to focus on your recovery while they manage the legal complexities. Recovery is hard enough without extra stress. To learn how the BrewerWood Law Firm can help you, contact our team of medical malpractice attorneys today.
MEDICAL MALPRACTICE CASES
Birth Injuries
Mothers spend their entire pregnancies doing everything they can to protect the health and wellness of their babies. However, when obstetricians, doctors or nurses make mistakes during the baby’s delivery, they can cause permanent damage to the baby.
Surgical Injuries
Surgery requires meticulous precision and attention. Surgeons must have the skills, training and experience to anticipate potential problems and respond quickly under pressure. Any number of things could go wrong at any step in the process.
Misdiagnosis
Has a doctor misdiagnosed your illness or a loved one’s disease? Not only can you recover compensation when a doctor acts negligently, but you can also help prevent that same mistake from happening to someone else down the road.
CONTACT OUR MEDICAL NEGLIGENCE LAWYERS.
If you suffered injuries because of the negligence or mistake of a health care provider, BrewerWood Law Firm will help you seek the full and fair compensation you need. Contact our attorneys to schedule a free consultation and learn more about your legal options, or call 602-254-9813.
