Medical malpractice is scary to even think about. You trust a provider with your health and expect to leave their care in better shape, not worse. When something goes wrong, you might wonder whether medical malpractice lawyers can help or whether you just experienced a bad outcome that no one could have prevented.
Do You Have a Case?
Under Arizona law, the injured person must prove two elements in a medical malpractice case. They must show that the healthcare provider did not provide the same level of care, skill, and learning that a prudent, reasonable healthcare provider in his profession would have in the same circumstances. They must also prove that the practitioner’s failure to apply the appropriate standard was the cause of the injury.
In addition to proving that the malpractice occurred, an injured person must also prove the harm that resulted from the malpractice in order to obtain compensation.
Medical Malpractice vs. A Bad Outcome
Medical treatments may involve some level of risk. Surgery can come with known complications, and sometimes a treatment fails even when everyone does their job. That feels devastating, but it does not automatically mean that malpractice occurred.
Medical malpractice happens when a healthcare provider does not meet the standard of care, and harm results. Sometimes, complications can occur even when the provider and everyone else involved in the patient’s care make reasonable decisions and follow accepted practices.
Common Defenses in Medical Malpractice Cases
Hospitals, clinics, and insurance companies almost never admit fault. You could come across arguments like:
- Assumption of risk: The provider argues that you understood the risks and consented to them.
- Pre-existing conditions: They claim your prior health issues caused your current symptoms.
- Accepted medical judgment: They insist that reasonable doctors could disagree, so the choice they made still fell within accepted parameters.
- Patient conduct: They might point to missed appointments, skipped medications, or delayed reporting of symptoms as causes for the unfavorable outcome.
When you hear defenses like this, it may feel like your trauma is being dismissed.
Evidence That Can Strengthen a Medical Malpractice Claim
You can support your potential claim by gathering:
- Medical records: Charts, test results, imaging, and discharge papers
- Second opinions: Notes from another provider who evaluated or corrected the problem
- A timeline of care: Dates of visits, procedures, new symptoms, and follow-up instructions
- Photos and personal notes: Images of visible injuries and a journal describing pain, limits, and daily struggles
- Witness information: Names of family members or others who saw what happened
Once you have a basic timeline and some records, a lawyer can start connecting the dots in your case.
Statute of Limitations in Arizona Medical Malpractice Claims
Arizona law usually gives you two years from the date the malpractice took place to file a medical malpractice lawsuit. For many people, that clock starts when they realize, or reasonably should realize, that malpractice might be involved. Some injuries become apparent immediately; others only become clear later, after new symptoms or a second opinion.
Some claims follow different timelines for children, people who are incapacitated, or cases against government-run hospitals or clinics. When children or incapacitated people are the injured party, the deadlines are longer. Shorter notice deadlines apply in the case of government-run facilities. Give yourself more options, and talk with a skilled malpractice lawyer as soon as you suspect something went wrong.
How We Approach These Cases
When you reach the point where you need to talk with medical malpractice lawyers, you deserve clear answers and genuine care. At Gill Law Firm, we listen to your story, review what happened, and explain your options in plain language. We offer a free, no-obligation case review, and we charge attorney fees only after we obtain a successful result for you. Call us today for your confidential consultation.