When a person receives medical attention, they put a large amount of trust in the medical professionals who are caring for them. While in many cases, the professionals handle their responsibilities with care, in some cases, this amount of care is neglected, resulting in harm or injury referred to as medical malpractice. When this happens, a patient is usually left with damages. Can you sue for medical malpractice in Arizona?
What Is Medical Malpractice?
Medical malpractice occurs when a medical professional, such as a doctor, nurse, surgeon, or an entire medical institution, fails to deliver the proper standard of care. When this negligence happens, and it results in harm or injury to the patient, it is referred to as medical malpractice. The proper standard of care refers to the level of care that any other competent medical professional would have performed given the same set of circumstances.
Some examples of medical malpractice include:
- Misdiagnosis. This happens when a person is diagnosed incorrectly or if they are diagnosed later than they should have been.
- Surgical errors. This can include unnecessary surgery as well as errors performed during the actual surgery.
- Errors with medication. Medication errors include receiving the wrong medication, receiving the wrong dosage, or receiving medication that you are allergic to.
- Birth injuries. This includes injuries to the mother or to the baby during childbirth and due to negligence.
- Errors with anesthesia. This includes administering either too much or too little anesthesia. This also includes failing to properly monitor a patient while they are under anesthesia.
- Delayed treatment. This refers to the unnecessary delay or refusal to treat a patient with a diagnosed medical condition, and that delay or denial results in harm or injury to the patient.
Can I File a Medical Malpractice Claim in Arizona?
You are allowed to file a medical malpractice claim in Arizona. To file such a claim, certain requirements must be met, and Phoenix medical malpractice attorneys can help. The claim must meet certain criteria, proving the following:
- There was a duty of care. The medical professional owed a duty of care to the patient, typically where there was a doctor-patient relationship, and the doctor operated on the patient for one reason or another.
- There was a breach of duty. The provider did not meet their proper standard of care, and it was not provided. This is usually gauged by how another medical professional would reasonably handle a similar situation if given the same set of circumstances.
- There was a causation between the harm and the breach. This means that the harm or injury the patient suffered was caused by the medical professional’s breach, and the harm would not have occurred if the medical professional had not breached their duty.
- The patient suffered damages as a result. Because of the harm inflicted on the patient, they incurred damages, such as physical pain, medical bills, lost wages, and/or emotional and psychological suffering.
Medical Malpractice Statute of Limitations
In Arizona, there is a statute of limitations to file a medical malpractice claim. Generally speaking, this statute of limitations is two years. This means that the patient has two years from the date that they are injured to file a claim to recover damages. However, there are exceptions to this rule that would allow for an extension in extenuating circumstances.
There is a discovery rule that Arizona follows. In these instances, if a person does not become aware of the injury until later, the statute of limitations begins when the injury is discovered or should have reasonably been discovered.
For example, if a patient went through surgery, but an object was left inside his abdomen, and he a short time later experiences pain. He goes to the doctor multiple times, and they cannot figure out what is causing the pain until three years later when the object is then discovered. Here, the patient reasonably sought to discover the issue. Therefore, the statute of limitations would begin when the object was discovered and not when the malpractice occurred.
The statute of limitations may also be extended if the plaintiff is a minor, if they are not mentally competent enough to file a claim, or if the medical professional is out of state.
FAQs
Q: What Constitutes Medical Malpractice in Arizona?
A: In Arizona, medical malpractice refers to the actions of a medical professional who fails to perform the proper duty of care to a patient, resulting in the patient’s injury or harm. For medical malpractice to be established, it must be proven that there was a duty of care between the patient and medical professional, the professional breached that duty, the breach caused harm to the patient, and the patient incurred damages as a result.
Q: What Is the Average Medical Malpractice Settlement in Arizona?
A: The average medical malpractice settlement in Arizona varies based on a number of factors. Some of these factors include the severity of the harm and injury, the amount of damages suffered as a result, and the circumstances surrounding the incident. The exact figures can fluctuate greatly based on these factors.
Q: Does Arizona Have a Cap on Medical Malpractice?
A: Arizona does not have a cap on damages in medical malpractice cases. This means that there is no limit on the amount of compensation a patient can receive for economic damages, such as medical expenses and lost wages, or non-economic damages, including emotional suffering and physical pain as well.
Q: How Long Do You Have to Sue for Malpractice in Arizona?
A: In Arizona, the statute of limitations is two years to file a claim for medical malpractice. This means that the patient has two years from the time of the injury to file a claim against their medical professional. There are exceptions to this rule, such as if the patient was a minor at the time of the injury, then the statute of limitations is generally extended to two years after their 18th birthday.
Contact Luis P. Guerra, L.L.C., Today
If you have been injured due to medical malpractice from a medical professional, you don’t have to deal with the aftermath alone. Luis P. Guerra, L.L.C., can help. Contact us today for more information.
