If you suffer an injury during a medical procedure, you may have either a medical malpractice or a medical battery claim against your provider. These legal claims differ in the intent required to establish the claim.
Let an attorney from Gill Law Firm answer all your questions and help you seek the compensation you need. Contact us right away to arrange a consultation if you’ve been harmed or your condition has worsened due to medical malpractice or medical battery.
What Is Medical Malpractice?
Medical malpractice occurs when a medical provider is negligent or fails to perform the accepted standard of care for the procedure, which harms you. In a medical malpractice claim, the harm is unintentional. For example, if a surgeon operated on your right leg instead of your left leg or misdiagnosed your condition, they may have committed medical malpractice. Other examples of medical malpractice include medication errors or delayed diagnoses.
In a medical malpractice case, the standard of care is critical. The standard of care refers to the required skill, experience, and specialized knowledge the medical provider should possess. If your physician’s actions fell below this standard and you suffered harm, you may have an actionable claim for medical malpractice. Note that under Arizona law, a medical malpractice action shall not be based upon assault and battery.
What Is Medical Battery?
Medical battery is an intentional tort, meaning that a medical provider touches you without your consent. Whether the provider performed the procedure competently or it resulted in harm is immaterial if the contact was unwanted. For example, medical battery occurs if you explicitly refuse a procedure or when the procedure is conducted in the absence of your consent.
“Intent” distinguishes medical battery from medical negligence. Specifically, a medical battery occurs through your doctor’s direct and knowledgeable action, not an unintentional mistake as in a medical malpractice case.
Is Proving Medical Malpractice Different from Proving Medical Battery?
The evidence required to prove medical malpractice versus medical battery differs because the nature of each claim is different. To prove a provider’s medical malpractice caused your injuries, you must demonstrate that their care fell below the accepted standard of care, which resulted in your harm. Specifically, your attorney will show that a patient/provider relationship existed, the provider breached the duty of care they owed you based on that relationship, and the breach caused your injuries. Your attorney will retain an expert, typically another medical professional with relevant experience, to testify to the acceptable medical standard.
Proving medical battery requires different evidence. Your attorney may use medical records, including consent forms, and witness testimony to prove your provider performed a procedure with your consent or that they exceeded the scope of agreed-upon treatment. It is generally easier to prove medical battery because expert testimony concerning the standard of care is not required – it is not at issue. However, your attorney may use a medical expert to testify whether your provider followed the appropriate procedures in obtaining your consent and whether you could have consented.
Can I Bring a Medical Malpractice Claim and Medical Battery Claim in the Same Case?
Sometimes, the circumstances of the incident can warrant filing a claim for both medical malpractice and medical battery. For example, your case could initially appear only to involve medical malpractice, but it could evolve to include a battery claim if the evidence shows the medical provider knowingly disregarded your explicit wishes, which resulted in harm. You can trust that your attorney will fully evaluate the facts of your case to ensure you bring all potential causes of action in your case.
What Compensation Is Available for a Medical Malpractice or Medical Battery Claim?
Every case is different, so the compensation your attorney will advise you to pursue may differ from that of another injured party. However, there are specific types of compensation for which medical malpractice victims or those harmed by medical battery are eligible to seek, which are categorized as economic or non-economic.
Economic damages, namely, tangible losses that are easily quantifiable, include the following:
- Past and future medical expenses
- Physical therapy bills
- Prescription costs
- Lost wages
- Loss of future earning capacity
Non-economic losses typically require expert or witness testimony (including your own testimony) concerning the injury’s severity and how the injury affected your life. Your attorney may argue that you should receive money for the following losses:
- Pain and suffering
- Mental trauma
- Disfigurement
- Loss of consortium for your spouse
How Soon Do I Need to Bring My Claim?
The time to bring a medical malpractice claim or medical battery claim in Arizona is not unlimited. The Arizona statute of limitations sets the deadline by which you must file your lawsuit. Whether you have a medical malpractice case or a medical battery claim, you must file your lawsuit within two years of the injury.
Although this may seem like a long time, you should contact an attorney as soon as possible after you are injured or discover your condition. This is because your attorney needs this time to investigate the facts and circumstances of your case, gather the necessary evidence to support your claim, and prepare your lawsuit if the matter cannot be settled. Additionally, promptly initiating legal action makes it easier to access critical evidence before it has the opportunity to deteriorate or go missing.
Contact Gill Law Firm Today
If you sustained an injury at the hands of a medical provider, you need an experienced lawyer who can discern what claims you can pursue in your case to seek your maximum compensation. At Gill Law Firm, our lawyers have the skills and knowledge to handle your case. We understand that you may be confused about your legal options. Rest assured that we will thoroughly investigate the circumstances of your claim and determine the best course of action to pursue the compensation you need. Contact us today to get started with your case in a confidential consultation.