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The importance of the health sector cannot be overestimated. Especially after experiencing the global pandemic, many appreciated the work of doctors and nurses. However, they are not unreliable people. They are human, which means they are capable of making mistakes, such as taking care of their health. Unfortunately, mistakes made by clinical or hospital staff can be life-threatening or even fatal. If you have suffered an injury or illness due to medical malpractice, you need a Phoenix medical malpractice attorney with our firm.
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At Ybarra Maldonado Law Group, our Phoenix medical malpractice attorneys have extensive experience holding medical professionals accountable for their actions. If a doctor is trying to cut corners, save time, save money, or just be negligent, they should be held accountable. Our Phoenix personal injury attorneys are here to help you with your personal injury claim. Call us today at 602-910-4040 to schedule a consultation.
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Medical personnel are an integral part of our lives. They administer vaccinations, vaccinations and similar treatments for our diseases. At the same time, they have an obligation to ensure that they use their knowledge and skills to make sound decisions. If negligence is involved, it can lead to a medical malpractice lawsuit. If you fear that your illness or injuries were caused by medical negligence, you can make a claim. Contact an experienced medical malpractice attorney at our law firm for a confidential case evaluation.
Medical malpractice and medical malpractice are two terms used interchangeably. Medical negligence is when health care providers fail to maintain the expected standard of care and this failure results in harm to the patient. Medical malpractice is negligence on the part of doctors or other health care professionals.
It can be a commission or a loss. Commission involves actually doing something that causes harm to the patient. Failure to do so is failure to do what they should be doing, such as ordering tests or providing medical treatment. However, if you and your attorney can prove that medical malpractice occurred, you may have a strong case. Patients or their family members may receive malpractice compensation.
Because of the number of tests, treatments, procedures, and surgeries available, there are many opportunities for medical malpractice. Below are some of the more common examples of medical malpractice claims we have seen in the past.
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Because state laws vary greatly on many topics, it is important to hire a personal injury attorney who is very familiar with Arizona law. Medical malpractice cases in many states are notorious for their complexity. This is why it is so important to work with an experienced Phoenix attorney.
Under ARS 12-542(1), the statute of limitations for filing a medical malpractice claim is two years after the injury occurred. However, the “discovery principle” also plays an important role. This rule means that the statute of limitations begins when the plaintiff knew or should have known that the injury was caused by medical negligence. We will examine other aspects of the litigation in these cases in the following sections.
Once you suspect that your injury or illness is the result of a violation, you should take the following steps. These steps will help your case if it goes to an Arizona court.
The sooner you file a medical malpractice case, the better. The longer you wait to file a personal injury lawsuit, the less likely you are to have one. Working with a good personal injury attorney can help you resolve your case quickly and efficiently. The defendant in your case will try to ask why you delayed filing if you waited too long.
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As we have already discussed, there are many ways in which a doctor can show negligence in the treatment of his patient. Some types of medical and hospital malpractice are more common than others. Below we describe some of the most common medical malpractice cases.
About ⅓ of all medical malpractice cases involve missed or delayed diagnosis. This represents a significant percentage of the approximately 20,000 cases presented in the United States each year. Delayed or incorrect diagnosis can cause many problems for patients, including the following.
Informed consent is an important part of the health care system, as well as ethics. This basically means that patients have the right to be informed and have the opportunity to ask questions about their treatment. This allows them to make better decisions about their care. If doctors do not ensure that they adhere to the principle of informed consent, they risk treating a misinformed patient.
Birth injuries are injuries to the mother or the newborn during childbirth. There are many types of these injuries and they can cause lifelong complications. Examples of birth injuries are listed below.
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Complications related to anesthesia are particularly dangerous. Older adults are particularly vulnerable to allergy-related side effects and complications. Therefore, they should be aware of the risks and doctors should pay special attention to the procedure. The elderly face the following risks associated with anesthesia.
A medication error is a preventable event in which a drug is misused or causes harm to the patient. They are often the result of late diagnosis, misdiagnosis, or other medical errors, such as failure to obtain informed consent.
These events occur when a doctor operates on a patient. These can range from unnecessary procedures such as unnecessary hysterectomies to surgical instruments. Retained surgical instruments are instruments accidentally left in the patient’s body by the surgeon.
The most likely consequence of medical malpractice is wrongful death. In the event of an extreme or unfortunate error, the patient may suffer or become ill. If this happens, you should speak with a qualified wrongful death attorney.
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Before suggesting how to make a claim, you need to understand one thing. Not every medical malpractice or wrongful death case is the same. Each of them has its own nuances and peculiarities that need to be addressed. It is important to speak with an attorney as soon as possible to make sure you are making the best decision for your case. After that, we recommend the following steps.
Before filing a lawsuit, you should schedule a free case evaluation with an experienced attorney. They can help you determine whether your case is valid before you go to court. You and your attorney must prove the following four elements. We will talk about this in more detail later.
In Arizona, you have two years from the date you knew or should have known about the injury or illness to file a claim. If you do not file within this period, the court may dismiss your case altogether.
As we mentioned earlier, in order to make a valid case against a doctor, you must prove several factors. These factors are:
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This relationship must exist either by express agreement or by that doctor’s knowing treatment of the patient.
There was an expected standard of care for the doctor for that patient. This standard of care is determined by whether another doctor in the same field would have done the same or a similar situation in the same situation.
The health care provider violated this standard of care. They deviated from the accepted standards in the medical community. This is a form of medical negligence.
This negligence directly resulted in illness or injury. You can prove this with the testimony of the medical expert and your medical records.
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Patients who suffer due to medical or hospital malpractice should be compensated for their losses. That’s why we put the needs of the injured patient first. Below we list the damages you may recover if you are successful in your case.
Victims may be happy to hear that the Arizona Constitution expressly prohibits limiting medical malpractice payments. While many states place a cap on these premiums, Arizona does not. In fact, this applies to all other personal injury cases in the state. This means that seriously injured victims are not limited by the insurance company’s default limit or limit on the insurance policy.
At Ybarra Maldonado Law Group, we understand how devastating it can be to find out that someone you trust has betrayed your trust. Doctors, nurses and other medical professionals are expected to provide a high level of health care. When they don’t, the results are fatal injuries. If you are looking for legal advice from a personal injury law firm experienced in handling these cases, we are here for you. Contact our law office of medical malpractice attorneys in Phoenix, AZ. We will ensure that your serious injury or illness is treated with the utmost care. Call 602-910-4040 today to schedule.
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