This includes mistakes made by health care providers that result in physical harm or death. These are mistakes that could be made by physicians, pharmacists, hospital staff and other licensed medical professionals. It is estimated that more than 120,000 people who are victims of medical malpractice every year. Insurance payouts for medical malpractice lawsuits are more than $3 billion annually involving over 12,000 claims. Studies have shown the number of Americans or their family members receiving fair compensation for such injuries is decreasing. One of the biggest challenges facing a victim of medical malpractice is having the right medical malpractice lawyers Phoenix.
It’s possible for a person or a loved one to have a bad experience when it comes to receiving medical care. The medical practitioner may have violated their profession’s standard for providing care. A person may have received unacceptable medical treatment. Every person who receives care from a licensed medical professional has the right to expect they will receive treatment consistent with a medical profession’s standards. When this doesn’t happen, and a person is injured, they could be the victim of medical malpractice.
Medical malpractice attorney Phoenix AZ
Standard Of Care
Proving a person was the victim of medical malpractice will require more than just showing a doctor’s standard of care was violated. A medical malpractice attorney Phoenix AZ will know how to help a jury see how the injuries or death that occurred was the result of a medical professional’s negligence. A victim will need to prove that their injury or harm would not have happened should the doctor providing the care not have been negligent. An unfavorable medical result is not enough to prove malpractice. Should an injury or death have not been caused by negligence, a plaintiff may not have a case worth pursuing.
A serious consideration when a medical malpractice lawsuit is reviewed by a medical malpractice attorney Phoenix AZ is the cost. These lawsuits are very expensive to litigate. Most of them will need to have testimony from a variety of different medical experts. This could involve paying for many hours of their testimony during depositions. The victim involved in the case must be able to prove they experienced serious damage or injury as a direct result of negligence. If the injury isn’t significant, the costs involved with pursuing such a case may be more than a possible settlement amount is worth. A plaintiff must be able to prove the injury or harm they received caused them unusual pain, loss of income, hardship, and suffering as well as disability and more.
Statute Of Limitations
All states have deadlines to file a medical malpractice lawsuit. These deadlines are known as a state’s statutes of limitations. It determines how long a person has from the time they are injured, or experienced the death of a loved one, to file a claim. In Arizona, the standard deadline is two years. Should a person believe they are the victim of medical malpractice, and not file a lawsuit within two years, they may lose their right to sue for damages. There are exceptions to Arizona’s statutes of limitations deadline.
This is an exception to the standard deadline. This applies if a victim was not able to have been aware they even had a case. The discovery rule in Arizona will delay the start of the statute of limitations. With the discovery rule, the statute of limitations begins on the date a victim of medical malpractice victim knew or should have known that they may be eligible to pursue a malpractice claim.
In Arizona, minors are children under the age of 18. The statute of limitations for minors does not begin until the minor has reached their 18th birthday.
There are other exceptions to the standard statute of limitations in Arizona. Additional exceptions are based on circumstances. It could be extended if a doctor left the state after performing medical malpractice. An exception could also occur if the victim was mentally disabled or mentally ill and more. The Arizona law covering the statute of limitations can be found in Arizona Revised Statutes sections 12-542 and 12-502.
There are states that limit the amount of damages a victim of malpractice can be awarded. There are not such limitations in Arizona. The Constitution of Arizona does not permit these types of limitations for civil cases.
Filing Medical Malpractice Claim
When a person in Arizona files a medical malpractice claim, they can expect the licensed medical professional to have a team of experienced lawyers prepared to defend them. A medical malpractice claim needs to be handled carefully with the goal of the victim receiving a fair settlement for their damages. This is a situation that will require the knowledge and experience of medical malpractice lawyers Phoenix.
Comparative Negligence Rule
It is possible during a malpractice case a defendant will argue that the victim is partially responsible for the harm they experienced. The defendant will try to make the case that the victim contributed to the injuries they experienced. Should a defendant be successful in convincing a jury this is the case, the victim’s damage award could be decreased and possibly eliminated. In Arizona, there is a pure comparative negligence rule in place. A victim found to be partly negligent will have their award decreased in proportion to the percentage they are at fault. Should a victim be awarded $100,000 in damages, but found to be 30 percent at fault, their payout will be decreased to $70,000.
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