Medical malpractice occurs when a medical professional fails to competently perform his or her duties, and this incompetence leads to the injury or wrongful death of a patient. In order to have a successful medical malpractice claim, you will need to be able to prove that:
- a doctor-patient relationship existed
- the medical professional was negligent
- the negligence caused your injury
- the injury caused damages
In order to prove negligence in a medical malpractice lawsuit, you need to be able to show that a reasonable medical professional under similar circumstances would not have made the same mistakes. In order to do this, you may require expert medical witness testimony. A medical expert will address the two factors central to any medical malpractice case, which are whether the doctor followed the standard of care for doctors in the same position and whether the doctor’s failure to follow the standard of care injured the patient.
The plaintiff and defendants must both have expert witnesses disclose the substance of their testimony to the court before a trial starts. Should either side fail to do this before the deadline set by the court, then the court will decide the case in the other party’s favor before the trial even begins, unless it was determined that an expert witness wasn’t necessary.
Medical malpractice can occur for many reasons, including:
- failure to perform surgery properly
- delay in treatment
- failure to adequately explain a procedure
- failure to adequately explain potential side effects
- medication or prescription errors
- failure to diagnose
- anesthesia errors
Damages in a medical malpractice claim can include compensation for medical expenses, lost wages, lost earning capacity and pain and suffering. Wrongful death compensation may be available for the survivors of patients lost due to medical malpractice.
Are There Any Limits to Medical Malpractice Compensation in Arizona?
There are no limits on medical malpractice awards in the state of Arizona. Many states have adopted the policy of placing caps on the amount that a victim of medical malpractice can receive. They do this in order to protect health care providers from frivolous lawsuits, as well as in the belief that it will help keep insurance premiums down. However, Arizona does not place caps on medical malpractice claims and will issue damage awards as long as it is reasonable and proportionate to the injury or loss in question.
What is the Arizona Statute of Limitations for Medical Malpractice Claims?
The statute of limitations for medical malpractice claims in Arizona is two years from the discovery of the injury. Arizona law states that the two-year clock begins once the injury has manifested itself. If more than two years has passed since the time of the injury’s manifestation, you can no longer file suit for medical malpractice.
Phoenix Medical Malpractice Attorney
Medical malpractice law is complex and requires the assistance of an experienced Phoenix medical malpractice attorney. At Witson Law, all personal injury cases are taken on a contingency fee basis. You pay no out of pocket expenses and only need to pay us if we win your case. Contact an experienced Phoenix medical malpractice lawyer immediately. Schedule your free consultation: (602) 358-8686.