When a medical professional makes a mistake, it can cause serious injury or even death to the patient. It may take weeks or months to recover, costing the patient lost wages on top of significant medical bills. And that’s to say nothing of the pain and suffering and mental and emotional stress, especially if the medical error aggravated a disease.
Although doctors and other healthcare professionals are held to a high standard, proving medical malpractice – even after a significant mistake – is not easy. The patient will have to contend with the powerful insurance companies and lawyers that will defend the individual or establishment that caused the error. Who can you count on to stand up for you and your right to the compensation you need to recover?
Turn to the Gill Law Firm. We’re ready to review the circumstances of your medical injury, advise you of your legal options, and get to work seeking the justice you deserve.
What is Medical Malpractice?
Under Arizona law, medical malpractice is more than simply making a mistake; to be malpractice, the mistake has to be unreasonable in light of the facts. Worded another way, malpractice happens when the doctor, hospital, or other provider fails to render the standard of care that a reasonably competent medical professional would provide under the same or similar circumstances. This failure, in turn, causes injury or death for which the victim may seek monetary compensation.
Malpractice may take the form of either doing or failing to do something that the physician or facility should have either avoided or done. The patient may suffer various losses such as medical bills to correct the problem or lost wages due to the need to recover from this medical negligence. Surviving family members of patients who die from malpractice may also seek damages.
Common Examples of Medical Malpractice
Doctors and medical facilities in Flagstaff, West Valley, and Buckeye, AZ are expected to avoid acts or omissions that amount to negligence. Unfortunately, there is no shortage of ways for these professionals and establishments to commit malpractice. A few of the most common examples include:
- Surgical errors: Operating on the wrong part of the body, poorly performing surgery on the correct part of the body, or leaving surgical instruments inside the patient’s body are all examples. So, too, is failure to follow correct procedures like ensuring that instruments are sanitized.
- Anesthesia errors: Anesthesiologists must carefully administer anesthesia to ensure the patient is not conscious during a procedure. Too little anesthesia can cause the patient to wake up and too much can cause severe illness and even death.
- Birth injuries: Doctors and nurses must carefully guide the process of giving birth, and should monitor both mother and baby afterward. Injuries during the birth can cause oxygen deprivation, nerve and spinal cord injuries to the baby, and other complications.
- Delayed diagnosis: If a medical professional takes too long to properly diagnose a disease or condition, it could progress to the point that it causes further medical problems for the patient. When it comes to a delayed cancer diagnosis, this mistake could spell death.
- Failure to diagnose: Similarly, a completely failed diagnosis can prove seriously harmful. Often, medical professionals do not diagnose an illness or condition because they are inexperienced or try to rush the process and overlook something important.
- Misdiagnosis: Doctors are trained to recognize the signs and symptoms of diseases and to ask certain questions and order certain tests to confirm what the problem is. However, some conditions have similar symptoms, so if a doctor isn’t sure it is their duty to refer the patient to a specialist.
- Medication errors: Doctors should carefully prescribe and administer medications to avoid dangerous side effects. Often, doctors fail to learn about a patient’s allergies or other medications that might cause complications. Or they may prescribe the wrong medication or the incorrect dosage.
Proving Medical Malpractice in Arizona
The injured patient has the duty of proving four basic elements to establish that malpractice has occurred:
- The existence of a doctor-patient relationship: Generally, agreeing to undergo a procedure or examination will suffice to meet this standard. Casual discussions with doctors outside of the medical setting might not.
- The professional was negligent: This means committing an unreasonable error (such as those listed above) in light of the doctor’s education, experience, and the overall circumstances. Merely being displeased with the result of a procedure is insufficient.
- The negligence caused injury to the patient: The next step is to establish a causal link between the mistake and the patient’s harm. Attorneys often call upon expert witnesses to testify about this.
- The injury resulted in damages: Lastly, the patient has to explain the nature and the amount of damages they incurred. These may include reasonably forecast future damages stemming from the malpractice.
Available Damages in a Medical Malpractice Case
Arizona law allows victims of medical malpractice to claim a number of different damages, which may include:
- Medical expenses: These can cover the cost of medical treatments that will be necessary to either correct the doctor’s mistake or perform the procedure that the negligent doctor should have performed.
- Future medical needs: The patient may need a number of different treatments long into the future due to the doctor’s mistake.
- Lost wages: While recovering from their injuries, the patient could miss substantial time from work and therefore lose money.
- Lost earning capacity: If the malpractice is severe enough, it could effectively end the victim’s career and cost them in terms of future earnings, promotions, benefits, and more.
- Non-economic damages: These cover such losses as pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive damages: In some cases, punitive damages are available to punish and deter particularly negligent or wrongful conduct.
What To Do If You’re a Victim of Malpractice
If you believe that you or a family member suffered medical malpractice, we suggest doing the following:
- Get medical attention right away from a competent doctor
- Follow all recommendations and see any specialists to whom your doctor refers you
- Document your medical records, missed time from work, and other losses and expenses
- Keep a journal of your personal experiences, noting any pain and suffering or physical limitations you encounter
- Consult with an experienced medical malpractice attorney right away to preserve your legal rights
Contact Our Flagstaff, West Valley & Buckeye, AZ Medical Malpractice Attorney
By taking quick action, you can get the medical attention you need and receive compensation for your financial and personal losses. However, in most cases, a patient only has two years from the date of their malpractice injury to file a lawsuit, so don’t delay.
Give the Gill Law Firm a call or complete our online contact form. We can review your case, explain your options, and get started working on your behalf today.