Medical malpractice claims can be highly contentious legal situations to navigate. In the event that you decide to take legal action against a negligent medical professional, you may find yourself facing a team of attorneys representing them. This is not a situation that you will want to endure alone. Doing so, could put yourself at risk for making agreements that are not in your best interest.
The better alternative, is to retain an experienced medical malpractice lawyer. At TorkLaw, you will find an experienced team that can come alongside you to handle your medical malpractice case.
What is Medical Malpractice?
Medical malpractice happens when any type of medical specialist, hospital, HMO, therapist, or other entity licensed to provide medical treatment fails to provide the care that a responsible and competent medical specialist would have done. When this lack of care occurs, and an injury, impairment, or death results, it may be medical malpractice.
Examples of medical malpractice include:
- Misdiagnoses by a doctor that results in unnecessary surgeries or treatments that are harmful.
- A doctor treats or operates on the wrong area of the body.
- Failure to diagnose the patient correctly or in a timely manner
- A doctor does not inform you of the risks associated with treatment.
- A doctor does not receive your consent prior to providing you with their recommended treatment.
- Leaving a surgical object in the patient
- Inaccurately prescribed medication – this includes the wrong medication or dosage, failure to warn the patient of side effects or a contraindication with the medication and other aspects of the patient’s health
- There was a mistake in the amount of anesthesia administered during a surgical procedure.
Every year, nearly 250,000 people lose their life to medical malpractice. Some say that this number is about half of the true amount. As a medical malpractice lawyer recognized for our tenacity and skill, we have not only recovered millions in damages, but have paved the way for Arizona hospitals and clinics to implement changes in their procedures; thereby, preventing unnecessary harm to patients.
If you have suffered injuries at the hands of a medical professional, You may have a case for medical malpractice.
What constitutes a medical malpractice lawsuit?
When it comes to medical malpractice claims, identifying and proving malpractice can be very complicated, time consuming and often costly process.
While most medical procedures go according to plan, there are many situations where unnecessary injury or even death occurs as a result of negligent action on the part of the health care professional.
Because medical procedures carry a measure of risk, positive outcomes are not guaranteed. As such, it is important to recognize that an undesired outcome is not the same thing as medical malpractice.
However, if the negative outcome is the result of the careless or negligent actions of a doctor (or other medical staff person), then there may be grounds to make a medical malpractice claim.
To determine if a malpractice lawsuit should be pursued, it is important to speak with an attorney that has specific medical malpractice experience.
What a medical malpractice lawyer will prove in a lawsuit?
- There was a Duty of Care. This means that the healthcare practitioner who was in charge of you while you were in the hospital had a duty owed to you. The person in question must be someone responsible for you. If you casually ask a health professional for advice in a social situation, and the advice proved to be injurious, you will not likely have a case since the exchange occurred outside of a traditional doctor-patient relationship.
- There was a Breach of Duty. The medical professional who was responsible for caring for you failed to fulfill that expected care and thus breached the duty of care. When this happens, it means that any other reasonable person in their position would have performed the appropriate actions but your healthcare practitioner did not.
- There are Damages. Because of the breach in the duty of care, you suffered some type of damages. This could be pain and suffering, emotional damage, or physical damage.
- There was a Direct Cause. The healthcare practitioner’s breach of duty directly caused your injury.
What Damages Are Awarded in Medical Malpractice Lawsuits?
Damages in medical malpractice cases injuries medical malpractice attorney Phoenix, AZ trusts knows that common damages are:
- General Damages. When you receive general damages, you receive compensation for things like pain and suffering, loss of consortium, or loss of enjoyment of life. These are typically harder to quantify and thus are very specific to your individual case.
- Special Damages. These types of damages are much easier to quantify because they are associated with very specific numbers like your medical bills and treatments during your hospital stay, additional bills associated with your injuries (like physical therapy), or even lost income.
- Punitive Damages. If the medical malpractice that occurred was particularly egregious or intentional, the court will award punitive damages. These are awarded as a form of punishment to the medical facility, a staff member, or the hospital. Punitive damages are not awarded as frequently as general or special damages.
Why Not Just Hire a General Personal Injury Attorney?
While medical malpractice law does fall under the umbrella of personal injury law, not all personal injury lawyers specialize in the field of medical malpractice. Therefore, you want to be careful to hire an attorney who has the experience and resources to handle the complexities that come with a medical malpractice lawsuit, as the medical field is nuanced and complicated.
Why You Should Choose the Medical Malpractice Team at TorkLaw
- We are passionate about the law and our clients.
- We are responsive to our clients’ legal needs.
- We provide regular updates to our clients surrounding their case.
- We prepare our clients for depositions and courtroom litigation, as appropriate.
- We work with the appropriate expert witnesses to help strengthen our clients’ cases.
- We assist in gathering the crucial evidence to prove our clients’ cases.
- We are experienced and successful settlement negotiators.
- We interact with the opposing counsel so that you don’t have to deal with what could otherwise be additional stressful situations.
- We provide our clients with considered legal guidance throughout their case.
- We do not charge hidden fees or charge for unnecessary items.
- We make every effort to come to a successful resolution for our clients’ cases and as quickly as possible.
With years of experience managing medical malpractice cases, it’s no wonder Arizona residents choose the Phoenix medical malpractice lawyers at TorkLaw.
By working with our team, you can feel confident that you are in the most capable of hands.
How To Retain TorkLaw for Your Arizona Medical Malpractice Case
If you believe you have a medical malpractice case on your hands and would like to speak with a medical malpractice attorney, please contact us. We happily provide free case reviews, and will gladly answer your questions.
Having a confidential consultation with us will not compel you to take any legal action whatsoever. But if you suspect that you may have a cause of action, a free consultation will help you to make informed decisions about whether or not to file a claim.