Phoenix Medical Malpractice Lawyer
Our firm’s Phoenix medical malpractice attorneys take medical malpractice very seriously. Through hard work, passion for justice, and strong legal strategies, our Phoenix injury lawyers have secured millions of dollars on behalf of injured clients. In Phoenix, we provide personalized legal representation to victims of medical negligence, including patients with severe injuries and family members of the deceased.
Medical malpractice is the legal term for mistakes made by a doctor or a healthcare facility that result in patient injuries, illnesses, or fatalities. Patients may face the consequences when health care practitioners fail to satisfy the industry’s required service standards.
Personal Injury & Medical Malpractice Case Results
A health care provider who is negligent or incompetent can endanger a patient’s treatment or recovery in various ways. Medical malpractice can be defined as any action or omission that an ordinary medical professional would not have made under identical circumstances, resulting in patient injury or death. Call our Phoenix personal injury lawyers right now at (623) 263-2626 to schedule a free consultation and visit us at 20 E Thomas Rd, Suite 220, Phoenix, AZ 85012.
Doctors, on the other hand, are human beings who can make mistakes and be reckless. We can assist victims in obtaining monetary compensation in circumstances where negligence resulted in serious damage. Our Phoenix medical malpractice lawyers are here to assist you if you have been the victim of medical misconduct. To schedule a free initial appointment to discuss your situation, call (623) 263-2626 today.
Reviews for Our Phoenix Medical Malpractice Lawyers
Our Medical malpractice attorneys in Phoenix are dedicated to putting an end to medical negligence in the community. In Arizona, we take on hospitals and doctors to uncover malpractice and obtain fair compensation for victims. You don’t have to figure out Arizona’s medical malpractice laws on your own. Our Phoenix medical malpractice attorneys may be able to assist you and your family in pursuing justice and financial compensation. Call (623) 263-2626 to schedule a medical malpractice review today.
Steinger, Greene & Feiner’s Team of Medical Malpractice Lawyers
We can assist you in determining if you have a valid medical malpractice claim against a medical care provider. When a patient receives a negative prognosis or is left with a higher disability than before the medical treatment, it’s possible that medical malpractice was to blame for the poor outcome and disability.
To find out if you have a case, speak with one of our medical malpractice attorneys in Phoenix, Arizona. We will do a focused consultation with you, provide general responses, and determine whether additional research is necessary by acquiring your medical and hospital records.
Our experienced and knowledgeable medical malpractice attorneys and legal team will evaluate and analyze the material recorded in your medical records after receiving them. Even if medical negligence events are frequently not recorded in a patient’s records, a review of the data is still required. After we’ve completed our investigation and believe it’s necessary, we’ll talk with a physician familiar with your sickness or condition to see if medical malpractice happened and whether your injuries could have been avoided.
If you or a loved one has been the victim of medical misconduct, our Phoenix medical malpractice lawyers will fight hard to get you the full amount of compensation you are entitled to under the law. Only a small fraction of doctors and hospitals are involved in medical negligence.
Most Common Asked Questions Regarding Medical Malpractice Lawsuits
What Is Medical Malpractice and How Does It Happen?
A health professional who fails in their responsibility to provide reasonable care to a patient is referred to as “medical malpractice.” Doctors aren’t the only ones who can make mistakes; any healthcare team member can be negligent, from the pharmacist to the nurse.
The burden of proof in medical malpractice cases is on the plaintiff to show that a medical professional failed to meet their obligation to provide reasonable care. In the legal world, the word “due care” refers to a situation under which a similarly qualified practitioner would have exercised greater caution in the same circumstances. Among the most common types of medical malpractice are:
Errors in childbirth During labor and delivery, a team of nurses and doctors works together to protect both the mother and the infant. When one person is careless, it might result in serious consequences.
Failure to diagnose the problem.
There are certain disorders that doctors should spot dependably, and if they don’t, the law may hold them liable for negligence. This type of misdiagnosis can have serious, even fatal, repercussions for the patient.
The delicate balance of medications used to put someone under during a medical treatment necessitates accurate calculations. Patients may be aware of procedures and feel the procedure if they aren’t, but they won’t notify anyone if they aren’t. On the other hand, too much anesthetic could end in death.
Defective medical devices.
Many medical items on the market have resulted in the injuries of countless people. Some pacemakers, malfunctioning hip or knee joints, leaking heart valves, mesh filters for DVT, some gynecological devices, and transvaginal mesh devices – to name a few – are among these goods.
Errors in medication diagnosis By prescribing the incorrect drug or dosage, the patient may be sent on a path that does not result in symptom remission. Suppose a medical professional makes treatment decisions that cause harm to a patient, and those treatments would not have been prescribed by a healthcare expert with equivalent background and training. In that case, the medical professional may be held liable.
No surgeon goes into the operating room intending to damage a patient, but it occurs all the time. When a surgeon makes a mistake on the operating table, the patient is the one who suffers, whether the doctor was drunk or simply excessively careless. If you or a loved one has suffered a loss resulting from this, you should seek compensation.
A medical professional’s job includes informing the patient of any dangers or implications of surgery or therapy. Medical experts must communicate the risks involved and the likelihood of a good outcome for patients to make an informed decision about whether or not to pursue treatment. A doctor may be held accountable in medical malpractice litigation if a patient selects a harmful course of action and no one tells them of the risks.
Questions to Ask Your Medical Malpractice Lawyer
Why Is Having an Experienced Lawyer in a Medical Malpractice Case So Important?
Medical malpractice lawsuits differ from other types of litigation in several ways. Some numerous particular laws and processes can make them incredibly tough to manage without the assistance of an expert attorney who is familiar with Arizona law. Because malpractice laws differ by state, hiring a personal injury lawyer with experience managing Phoenix malpractice claims is critical. Arizona, like other states, has a statute of limitations for medical malpractice claims, which sets a deadline for a patient to submit a claim. In Phoenix, Arizona, Plaintiffs have two years since they discovered the harm to file a lawsuit. The key to success here is discovery. This data is not subject to any restrictions in Arizona. The discovery rule extends the ordinary deadline until the victim should have reasonably noticed the harm.
Because the defense may contest when your date of discovery occurred, it is critical that you visit a Phoenix medical malpractice attorney as soon as possible if you believe you have been injured due to someone else’s negligence. The sooner you file a claim, the better your chances of winning.
Additional exceptions to the discovery rule for medical malpractice include if the individual accused of malpractice left the state after committing the malpractice, if the victim was mentally ill, and a few other situations that may allow filers to extend the discovery deadline.
Stages of a Medical Malpractice Lawsuit
These aren’t the kinds of claims you want to try handling on your own, with procedural hoops for the injured patient to jump through and complex legal and medical difficulties to negotiate. It is critical to have an experienced lawyer on your side if you want to succeed. The first thing your lawyer will do is talk to you about the medical condition and treatment that led to the alleged medical negligence of the health care provider. Following that, your lawyer will request all medical records and expenses relating to the alleged malpractice, as well as data relating to any condition or treatment you’ve had in the past that could affect the current case. This could take several months.
- The lawyer will evaluate all pertinent data to see if there is a genuine medical malpractice case. If the lawyer determines that there is no case, they will inform the client as soon as possible. It’s important to remember that an unfavorable health outcome does not always imply negligence on the part of the clinician. Learn how to tell if something is medical malpractice and when it isn’t.
- If your lawyer believes you have a malpractice case, they will look for and engage an expert medical witness, usually a doctor who practices in the same field as the defendant. A qualified expert must review the medical records and issue an opinion that the health care provider’s conduct fell short of the appropriate medical standard of care for your case to succeed, and in some jurisdictions, for a medical malpractice lawsuit to be filed in the first place; more on this below.
- Many personal injury claims are settled before the filing of a lawsuit. Pre-suit settlements in medical malpractice lawsuits are uncommon, but they do happen. The doctors’ insurance companies are usually not interested in negotiating settlement until after the lawsuit has been filed and they have completed their pre-trial investigation. This is especially true in larger medical malpractice instances. The lawyer will then file the medical malpractice lawsuit. A Complaint is a document that initiates a lawsuit (and contains the wounded patient’s allegations). When a lawsuit is filed, the clock starts ticking on when the case will go to trial. Pre-trial procedures vary by state, but a medical malpractice case will typically take between a year and a half and three years to reach trial after the claim is filed.
- After the pre-lawsuit steps have been completed, litigation commences. The parties engage in “discovery,” a practice in which each party explores the legal claims and defenses of the opposing party. They exchange interrogatories (a fancy name for questions) and document requests, and they depose all relevant parties and witnesses, starting with the plaintiff and defendant.
- Depending on the court’s deadlines, the discovery process might last a year or more, and it frequently needs the parties to return to court to seek the judge’s assistance. As the discovery phase draws to a close, the lawyers will most likely begin discussing a settlement. Lawyers can sometimes settle a dispute simply by talking amongst themselves. Still, in other circumstances, they will go to mediation, which is a process in which both clients and lawyers go before a mediator to try to settle the case.
Mediation is frequently successful, but the matter is set for trial if the two parties are too far apart. One thing to keep in mind concerning trials is that just because a lawsuit is set for trial does not guarantee that the trial will occur on that date. Because of the court’s timetable and delays in the case’s progress, trials are frequently rescheduled.