Medical Malpractice & Hospital Negligence Attorneys in Flagstaff
We entrust our lives to medical professionals. We count on these professionals to provide us appropriate medical care. But what happens when they make mistakes and we suffer serious injuries or death? Our legal system provides these medical professionals with some protections against lawsuits. In fact, in order to bring a lawsuit against a doctor, Arizona Revised Statute § 12-2603 requires a party to certify at the time a case is filed “whether or not expert opinion testimony is necessary to prove the health care professional’s standard of care or liability for the claim.” This statute becomes problematic, because expert testimony is expensive and may require a plaintiff to hire an expert on the onset of new cases. The purpose of this law is to curtail the filing of frivolous lawsuits against health care professionals and the filing of frivolous nonparty at fault designations by health care professionals.
Medical Negligence & Bad Doctor Information
Medical malpractice is also known as medical negligence and occurs when a health care provider causes injuries to patients because of a failure to apply the governed standard of care. It is possible for medical malpractice to occur through a failure to take the correct course of action or by performing an action that leads to injury to a patient. There are a number of examples of medical malpractice, including:
- An unreasonable delay when it comes to providing treatment of a condition that has been diagnosed.
- A failure to provide an appropriate treatment for a medical condition.
- Failure to diagnose, or misdiagnosis of, a medical condition.
If you believe you are the victim of medical malpractice, you need attorneys in Arizona familiar with similar medical cases, as a lack of knowledge within your legal team can cost you the case.
STATUTE OF LIMITATIONS
The longer you take to file a claim, the more likely it is you will be unsuccessful in your case. In the state of Arizona, all medical malpractice actions must commence less than two years after the date of injury. If the claimant is deemed to be mentally incompetent, is in prison, or is under the age of 18, the statute of limitations is tolled. However, minors must file their medical malpractice claim before their 20th birthday.
OTHER IMPORTANT LAWS
Medical malpractice suits can be complicated, as there are a host of other rules in place:
- Contributory/comparative negligence: In Arizona, an award is diminished in proportion to your relative degree of fault, though your fault typically does not act as a bar to recovery. However, if you are found to have willfully caused or contributed to an injury or death, a trier of fact may bar your right to recovery.
- Joint and several liability: The doctrine of joint and several liability is no longer in use in Arizona. The person(s) accused of medical malpractice are only jointly or severally liable for the sum of damages equal to their percentages of fault unless they were acting together or had a common plan to commit a wrongful act and were actively participating in it.
- Damage limits: There is no limit to the amount that can be claimed in a medical malpractice lawsuit. This is why defendants fight so fiercely to prove their innocence, as the total settlement awarded has the potential to be enormous.
- Expert testimony: Unless the alleged negligence is grossly apparent, it is necessary to bring in testimony from an expert witness to establish a breach in the accepted standard of care.
At the Law Offices of Gonzales & Poirier, our experienced lawyers sue medical providers that fall below the standards of care and cause patients to suffer serious injuries or wrongful death. Unfortunately, improper, unskilled, and negligent actions by doctors, nurses, pharmacists, and other health care professionals are far too common. These professionals owe a duty of care to all patients who seek their treatment; however, when these professionals fall below the duty of care, plaintiffs must show that the injuries were caused by the negligent care of the medical professional. Causation is the most difficult part of any lawsuit.
FORMS OF MEDICAL MALPRACTICE & HOSPITAL NEGLIGENCE
There are multiple types of medical malpractice cases and these cases can include the following:
2. Delayed diagnose of an illness
3. Surgery errors
4. Pregnancy, labor & delivery malpractice
5. Birth injuries & delivery medical malpractice
6. Emergency room malpractice
7. Prescription drug malpractice
8. Wrongful death
10. Cosmetic surgery malpractice
11. Laboratory mistakes
12. Dental malpractice
13. Hospital malpractice
14. Discharge malpractice
15. Anesthesia errors
16. Radiology errors
WHY YOU NEED A MEDICAL MALPRACTICE ATTORNEY
Medical malpractice law is extremely technical, and as the stakes are so high, defendants have specialists in the field defending their interests. As a consequence, you need to hire an Arizona attorney with experience in medical malpractice suits. The Law Offices of Gonzales & Poirier have helped countless plaintiffs claim what was rightfully theirs. While the settlement does not erase the pain, it can help with future medical bills and ease your financial burden. Call us today for a free initial consultation at (928) 774-5400 or click here to contact us. We help clients who’ve suffered medical malpractice or hospital negligence throughout Flagstaff and Northern Arizona.