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Medical negligence is the third leading cause of death in the U.S. – right behind heart disease and cancer, according to the Journal of the American Medical Association (JAMA). Current estimates place annual deaths from medical mistakes in the neighborhood of between 210,000 and 440,000
These numbers are indicative of the full scale of medical malpractice in the U.S. They’re also an excellent reason why it’s so important to have a Phoenix medical malpractice attorney on your side as you explore your options for medical errors recourse.
Medical malpractice is an extremely technical and nuanced field of law. It’s in your best interest to seek qualified representation with experience in the industry as your advocate in this matter so that you don’t miss out on money you need to help support your recovery efforts as well as your family throughout the recovery process.
What is Medical Malpractice?
Medical malpractice occurs when patients are harmed by the actions of medical professionals in the course of their medical duties. The following must be proven in order to make a case for medical malpractice, however.
- 1. That the medical professional made an unreasonable mistake that other medical professionals, in the same situation, would not make.
- 2. That the harm caused by the medical professional’s mistake would not have occurred had the patient received different treatment.
- 3. That there were damages as a result of the medical professional’s negligence and the extent of those damages.
Friedl Richardson can help walk you through the steps in order to satisfy the requirements and make your case. You deserve your day in court and we’ll help you get it.
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Medical Malpractice Arizona Statute of Limitations
It’s easy to get caught up in the process of healing. Unfortunately, time is a luxury you may not have in the aftermath of a medical malpractice event.
It’s important for you to know that the statute of limitations for medical malpractice lawsuits within the state of Arizona serve as a ticking clock you should not ignore. An Arizona medical malpractice lawyer understands the law of the land when it comes to the statute of limitations for the state. not ignore.
The standard rule for Arizona’s statute of limitations for medical malpractice cases is two years from the event (A.R.S.§ 12-542). If you don’t file within two years of the event, you are no longer able to do so, unless your case meets the criteria for an “exception” to the rule.
The discovery rule, for instance, states that if the malpractice itself wasn’t discovered until a later date that the victim has two years from the time the victim discovered the malpractice or had a reasonable expectation that he or she may have had a legitimate medical malpractice claim.
Other exceptions exist. That’s just one of the reasons why it’s so important to consult with our Arizona medical malpractice attorneys here at Friedl Richardson who understands the subtle nuances of discovery and statutes of limitation.
Examples of Medical Malpractice
Medical malpractice can take many forms. These are just a few examples of the types of medical negligence that might lead to a lawsuit.
- Nursing Home Abuse
- Hospital Malpractice / Premature Hospital Discharge
- Emergency Room Malpractice
- Chiropractic Malpractice
- Missing or Misreading Laboratory Results
- Podiatry Malpractice
- Pharmaceutical Malpractice / Medication Errors
- Negligence Affecting Pregnancy
- Childbirth Injuries
- Anesthesia Errors
- Failure to Diagnose or Misdiagnose Cancer
- Surgical Errors / Wrong Site Surgery / Unnecessary Surgery
- Wrongful Death
- Cosmetic Surgery Malpractice
- Psychiatric Malpractice
- Failure to Diagnose or Misdiagnose a Cardiac Event (Stroke, Heart Attack, Aneurysm)
- Negligence with Follow Up Care
There are other issues that can result in lawsuits, particularly those that fall under the heading of failure to diagnose/or misdiagnose injuries and illnesses.
Types of Damages Recoverable in a Medical Malpractice Lawsuit
There are essentially two types of damages awarded in medical malpractice cases, economic damages and non-economic damages.
Economic damages seek to compensate the victim for medical expenses, loss of income, and the loss of the ability to earn income as a result of the medical malpractice injury.
Non-economic damages address the fact that a dollar value cannot be assessed for all injuries, but offers a dollar value to help compensate for pain, suffering, grief, and mental distress the medical malpractice event has caused. These include damages for the following types of claims.
- Mental pain and suffering
- Permanent impairment
- Loss of ability to enjoy pleasures of life
- Loss of function
- Loss of consortium
- Disfigurement
- Exacerbation of pre-existing conditions
- Death Damages
A qualified Phoenix medical malpractice attorney can guide you through all the damages that may be available to you as a result of your experience. It’s crucial to consult with a local attorney before entering into discussions with insurance companies that may not have your best interests at heart.
Handling Insurance for Malpractice Claims
Doctors and hospitals avoid paying 80% of the economic harm their errors inflict on patients and their families
Criminal Justice Resource Group
It’s important to never represent yourself when dealing with insurance companies who represent negligent doctors, hospitals, and treatment facilities. You need to have a highly qualified Phoenix attorney for medical malpractice on your side, otherwise, you face the very real risk of having your claim whittle down to only a portion of what you need to recover, much less adopt to a new way of life following your medical malpractice experience.
How Friedl Richardson Can Help
Whether you or a loved one was injured, became ill, or died as a result of negligence of a medical professional, it’s in your best interests to consult with one of our highly trained legal professionals right away. Our Phoenix area medical malpractice attorneys can answer any lingering questions you have, as well as explain your rights under Arizona law.
At the law firm of Friedl Richardson, we offer caring and compassionate medical malpractice representation. Known for being trial ready, we are committed to being fierce advocates for all who have become victims to the negligence of medical professionals who were supposed to be making them better. As experienced and award-winning Phoenix medical malpractice lawyers, we have the skills, knowledge, accolades — and passion to be powerful advocates for you.
Contact us today for a free consultation and let us help you get the medical malpractice compensation you deserve.
Read our Medical Malpractice blog for additional information.