Does Arizona Limit What I Can Recover in a Medical Malpractice Case?

CALL (800) 863-5312 TO SPEAK WITH A MEDICAL MALPRACTICE ATTORNEY IN ARIZONA FOR FREE

Medical professionals have a duty to treat their patients with care and skill. Still, some healthcare providers are negligent during surgery or treatment, so medical malpractice lawsuits are relatively common in the United States. These lawsuits are designed to compensate victims of negligent medical care; when a patient is injured by the carelessness of a medical professional, they are usually entitled to recover compensation from the offending party.

All states have their own laws and regulations for medical malpractice claims. Arizona, a highly populated state, is no exception. Arizona’s legislative and judicial branches have passed many laws governing how medical malpractice claims can progress.

If you or a loved one was injured by a medical provider in Arizona, call Zinda Law Group at (800) 863-5312 for a free case evaluation with a knowledgeable Arizona medical malpractice lawyer. See if you can recover financially as well as physically.

What is a Medical Malpractice Claim?

American law allows an injured person to file a civil lawsuit in court and get a legal remedy for any injuries sustained because of faulty medical treatment. The purpose of this system is to allow an injured individual to be fully compensated financially after he or she has suffered a harm due to another’s negligent or intentional conduct.

A medical malpractice claim can arise when a doctor or other healthcare professional provides treatment that falls below the appropriate medical standard of care, and a patient is injured as a result. To succeed with a medical malpractice claim, the doctor typically must have broken some rule or taken incorrect, negligent, or inappropriate actions while treating a patient. Medical malpractice statutes are usually modeled after basic negligence standards; Arizona does utilize some state-specific statutes, procedural rules, and case law that can appear drastically different from even her neighboring states, let alone the country at large.

Many medical negligence claims are complicated, especially when they involve extensive injuries or multiple medical professionals. Most medical malpractice claims require claimants to acquire second-opinions and expert testimony. Deciding if and when to bring a lawsuit can be difficult, especially if you are not familiar with Arizona’s medical malpractice laws.

What Do I Do if I was hurt by a medical provider?

After falling victim to a negligent doctor or medical professional, you may be struggling to get back on your feet and recover. Sometimes, a medical malpractice victim is hesitant to bring a lawsuit against the responsible professional. Before deciding whether to bring a claim, it is important to note that civil recovery often helps victims move on with their life more quickly after the incident.

Civil recovery not only helps victims recover financially, but emotionally as well. After an accident, some victims are unsure of how to proceed. Following the correct steps can make or break a successful medical malpractice claim.

After being injured, victims of medical malpractice should adhere to the following steps to maximize their chances of civil recovery:

1. Seek a Second Opinion

Sometimes, victims of medical malpractice are hesitant to seek additional medical treatment after being injured. Reasonably so, many victims feel betrayed by the medical profession as a whole. However, victims should still seek additional medical treatment for their injuries, even if they believe those injuries were caused by a doctor.

Even if your injuries appear minor, you should still visit another healthcare professional to evaluate your injuries. If your claim proceeds to trial, you will need to obtain a second opinion about the treatment you received and your resulting injuries. Testimony from another medical profession that the treatment you received was inappropriate can go a long way in convincing the jury of the validity of your claim; a medical professional can also help you create an official medical record of your injuries that you can show the court.

2. Document the Incident

If you are injured by a medical professional, it is imperative that you document the incident. Tell the negligent doctor that you want any resulting complications and requests noted on your medical chart. You can then later use these notes to prove to the court that the doctor was aware or should have been aware that the treatment you received was inappropriate.

Create your own record of every medical visit, consultation, and prescription that you receive. Documenting everything will make your life easier in the long-run. If you plan to pursue a legal claim, you may be required to present ample documentation supporting your assertions; thus, it is critical that you establish this well-documented record as early on as possible.

3. Speak with Nationwide Medical Malpractice Lawyers

A state’s laws and practices for medical malpractice claims may vary drastically from those of surrounding areas. The extent of and reason for your injuries may change the type and amount of remedies available to you. Due to the complicated nature of medical malpractice claims, it will likely be beneficial to you to speak with an Arizona medical malpractice lawyer if you were injured by a doctor or nurse.

Unfortunately, medical malpractice claims are more common than many Americans believe; every day, patients are injured by faulty medical care and negligent professionals. A recent study indicated that more than 250,000 people in the United States die every year from medical errors. Other reports claim the numbers to be as high as 440,000.

Medical errors are the third-leading cause of death after heart disease and cancer. If you were injured by one of these devastating medical errors and want to know what to do after a medical injury, contact an Arizona medical malpractice lawyer. If hired, your attorney will be able to help you seek compensation and justice for your injuries.

Arizona medical malpractice FAQs

If you were injured and need answers, Zinda Law Group can provide some, starting with some answers to a few of our most commonly asked questions. If we can help you with answers to more of your questions, call us and we will schedule you a free consultation with a medical malpractice attorney in Arizona. If hired, one of our Arizona medical malpractice lawyers will be able to help you evaluate your injuries and assess your options accordingly.

How Much Can I Recover for a Medical Injury in Arizona?

Medical errors happen every day in the United States; fortunately, if you sustained an injury from negligent medical treatment in Arizona, you may be able to seek compensation for your injuries in Arizona courts. When a doctor’s negligent, reckless, or intentional conduct causes a patient’s injuries, the patient is usually able to recover compensation from the doctor, but negotiating and litigating a medical malpractice case can be tricky for first-time claimants. Prior to stepping into a courtroom, you should consult with an Arizona medical malpractice lawyer about the process, how you received your injuries, and what expenses you are facing.

Calculating damages in a medical malpractice claim can be difficult, especially in cases involving multiple parties, high costs, or extensive injuries. Courts may consider the severity of your injuries, your incurred expenses, and the actions of the medical professional when calculating your damages. If you are pursuing a medical malpractice claim, you may be able to recover expenses for the following:

• Medical treatment
• Lost wages and future earning capacity
• Assistive devices
• Prosthetics
• Loss of enjoyment of life
• Loss of consortium
• Counseling for emotional distress
• Ongoing physical/occupational therapies
• Assistance from home health aides or caregivers

How Long Do I Have to File a Medical Malpractice Claim?

Medical malpractice victims in Arizona only have two years from the date of the injury to file a claim in an Arizona court. If you fail to file a claim before this deadline, you may lose your right to file altogether.

Is There a Limit to How Much I Can Recover for My Medical Injury?

Under Arizona’s Revised Statutes for medical negligence, medical malpractice claims adhere to a comparative negligence framework, in which doctors and patients can both be deemed responsible for an injury. Notably, medical malpractice laws in Arizona do not include damage caps, which means that plaintiffs are not limited in how much they can recover from responsible defendants; Arizona is one of the few remaining states entirely lacking any caps or medical malpractice recovery limits, with the state even going so far as to enshrine this medical malpractice statute into the state constitution. If you were injured by a doctor and want answers,  call a legal expert today for some more Arizona medical malpractice FAQs.