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Medical Malpractice Law

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Medical Malpractice Lawyer in Phoenix

If you believe an omission or negligent act by a doctor or other medical professional causes damage or harm to a patient, a case of medical malpractice may exist. Medical malpractice laws are in place to protect patients and offer them a course of action when an injury occurs due to negligence.

Not to discourage someone from consulting a medical malpractice attorney, a malpractice suit can be costly and complex. Injuries that heal quickly or are minor may not be worth the time, cost and energy to pursue. An experienced attorney can help you determine if your case is worth further investigation.

Negligence may take the form of a diagnosis, treatment or illness management error by a doctor, which deviates from generally accepted standards of practice. A hospital may be negligent due to medication problems, nursing care or sanitation. Local, state and federal agencies that run the medical or hospital facilities may be held accountable too.

Who can be held responsible for medical malpractice? A partial list includes:

    Doctors

    Nurses

    Dentists

    Hospitals

    Nursing homes

    Health care facilities

What is informed consent in Arizona?

When a medical professional is providing treatment or other medical care to an individual, a patient's "informed consent" is required by the medical professional.

Informed consent is a knowing decision made by a patient about a specific medical procedure or treatment after the medical professional has disclosed all relevant information regarding risks in involved that one would expect from a medical provider.

If the patient is unable to give informed consent, the patient may have a claim of medical malpractice.

Proving medical malpractice and damages

If the defendant's mistake can be proven directly responsible for the injury, the defendant may be held liable. However, it is often difficult for the plaintiff to fully understand the medical causations which is why medical specialists are often needed in these types of cases.

Damages can only be recovered for injuries caused by the defendant's conduct. In medical malpractice, two types of damages can be awarded to the plaintiff: compensatory damages and punitive damages, though punitive damages are often rare to receive in civil cases.

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