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MEDICAL MALPRACTICE LAWSUITS
GETTING RESULTS FOR YOUR MALPRACTICE SUIT
Medical malpractice occurs when two things happen: first, a licensed provider of health care must provide care that fails to meets the standard expectation of a reasonable health care under the same or similar circumstances.
Second, that unreasonable or substandard care must be the cause of injury. Substandard care alone does not justify a claim of malpractice. The substandard care must be the cause of injury. By the same token, injury alone does not justify a claim of malpractice. The injury must be caused by substandard care.
If either of these two things happens, you should consider contacting our medical malpractice attorneys today, as you may be a victim of poor medical care. Patients receiving excellent care sometimes suffer horribly because of their underlying illness that cannot be cured even by reasonable care. In some instances, patients suffer serious injuries because of the unavoidable risk of a necessary surgery or other reasonable treatment.
On the other hand, sometimes the care provided may be unreasonable, and yet the patient suffers no actual injury. In those cases a claim of medical practice is not justified.
When you receive treatment from a licensed medical professional, you have a right to expect that you will receive high-quality care. Unfortunately, far too frequently, medical professionals fall short of their basic legal obligations. In fact, a recent study published in the BML medical journal found that medical errors are actually the third leading cause of death in our country. Arizona patients deserve better medical treatment. At Cluff Law, our Phoenix medical malpractice attorneys are committed to fighting for the legal rights and financial interests of injured victims. If you or loved one was the victim of medical negligence in Phoenix, AZ, please contact our law firm today to get a free review of your case.
Examples of Medical Malpractice
Medical malpractice can come in a variety of different forms. In the most straightforward terms, medical malpractice occurs when a medical professional or healthcare provider harms a patient due to negligence or another form of misconduct. Some of the most common examples of negligence that our Phoenix medical malpractice attorneys have seen include:
- Failure to provide a timely diagnosis;
- Misdiagnosis of a condition;
- Surgical negligence;
- Offering negligent medical advice;
- Prescription drug and medication errors;
- Anesthesia-related errors;
- Negligence related to childbirth and pregnancy.
- Failure to obtain informed consent.
WHEN TO GET A MEDICAL MALPRACTICE ATTORNEY
MAKING A GOOD CASE FOR YOUR MALPRACTICE CLAIM
When Does Medical Malpractice Happen?
Medical malpractice can happen at any stage of care. It can involve:
- failure to make a proper diagnosis
- failure to treat
- providing the wrong treatment
- failure to inform the patient and obtain informed consent
- failure to refer for needed treatment
- many other situations
Malpractice can happen at your first encounter with a healthcare provider or after years of treatment. When substandard care causes damages, a claim for medical malpractice arises. Whether the malpractice claim is a “good” claim depends on many considerations.
How do I know if I have a medical malpractice case?
Before most attorneys will pursue a medical malpractice claim, they must be satisfied that the injury caused by the malpractice was very serious, and that the damages to the client are extreme.
Unfortunately, medical malpractice claims are very costly to pursue, and defended vigorously. Every claim must be proved through the use of expert testimony. Hiring qualified experts in their field to testify in favor of the patient is expensive and time consuming. The cost of pursuing a medical malpractice claim simply cannot be justified unless the client has suffered a significant injury that has caused significant damages.
PROVING MEDICAL MALPRACTICE
Under Arizona law, medical professionals and healthcare providers have a responsibility to look out for the safety of their patents. Doctors and other medical professionals must provide adequate quality of care to their patients. If they fail to do so, and their patients suffer harm as a result, they can be held legally liable for medical malpractice. Though, proving medical malpractice can sometimes be challenging.
Professional guidance is needed. In order to prove medical malpractice, your Phoenix lawyer must be able to establish the following four things:
- There was a valid doctor-patient relationship;
- The doctor, or another medical professional, provided substandard medical care;
- There is a link between the inadequate medical treatment and the patient’s injuries; and
- The victim sustained actual harm as a result of the malpractice.
Compensation Available for Medical Malpractice Victims
Medical negligence can lead to very serious injuries. Sadly, medical malpractice can even result in fatalities. If you or a family member was a victim of medical negligence in Maricopa County, our Phoenix medical malpractice lawyers are prepared to fight aggressively on your behalf.
Your family deserves justice and fair compensation. You may be entitled to recover for:
- Any related medical expenses;
- Long-term disability;
- Disfigurement or permanent damage;
- Pain and suffering;
- Emotional distress; and
- Wrongful death.
Contact Our Phoenix Medical Malpractice Lawyers Today
At Cluff Injury Lawyers, our skilled Arizona medical malpractice attorneys are prepared to fight for your rights. If you or a loved one was a victim of medical malpractice in Maricopa County, we are here for you.
To arrange a free, no-obligation legal consultation, please contact our Downtown Phoenix office at (602) 603-4768 or our North Phoenix office at (602) 461-7342.