When patients suffer due to negligence, they may be able to receive compensation for medical malpractice. Claims are designed to award a person compensation for damages incurred for their injuries. The amount of this can range for different reasons. Some states have a limit on how much a person can claim, but does Arizona have medical malpractice caps?
What Is Medical Malpractice?
Whenever someone is injured as a result of a healthcare professional’s negligence, it does harm to the patient beyond just the physical. Medical malpractice occurs when a healthcare professional does not perform the standard of care, causing harm or injury to a patient. Patients who suffer from this negligence may be entitled to seek compensation through medical malpractice claims. To file a claim, a person must prove the following things occurred:
- Duty of care. The healthcare professional owed a duty of care to the patient. Generally speaking, this is a doctor-patient relationship where the doctor agrees to care for the patient.
- Breach of duty. The provider breached their duty of care in some way. When determining whether or not a breach happened, how another provider would have handled the issue in a similar circumstance is taken into consideration.
- Causation. The harm the patient endured was directly caused by the healthcare professional’s breach of duty, meaning if the professional had not breached their duty, the injury would not have happened.
- Damages. The patient incurred damages as a result of the negligence, including additional medical expenses or lost wages.
Damages Awarded for Medical Malpractice
In medical malpractice cases, one of the major factors influencing these claims is whether or not the state imposes caps on the amount of damages that can be awarded. Some of these damages include:
- Economic damages. Such damages refer to actual economic losses, including medical costs, lost wages, and rehabilitation costs. These usually have an easy price tag associated with them as they can be quantified through some form of documentation, such as receipts, W-2s, and bills.
- Non-economic damages. Such damages include intangible losses like physical pain and emotional distress, as well as the loss of enjoyment in a victim’s life. These are a bit harder to quantify because they do not have an easily referrable price associated with them. However, the court will award these damages as it sees fit based on the circumstances of the case.
- Punitive damages. These damages are far less common, but they are intended to punish the defendant for their behavior. Punitive damages are typically sought in cases that exhibit particularly egregious behavior.
Medical Malpractice Caps in Arizona
Many states in the United States have caps on non-economic and punitive damages in medical malpractice cases. These caps are intended to diminish healthcare costs and prevent excessive insurance premiums for healthcare providers. However, it is argued that placing caps limits justice for patients who have been severely harmed.
Unlike many other states, Arizona does not implement caps on the amount of compensation that patients can receive for economic or non-economic damages in medical malpractice claims. Therefore, the victims of medical malpractice in Arizona can potentially recover as much compensation as they need for their losses, whether economic or non-economic.
The lack of caps on damages is generally helpful for patients. It ensures that those who endure intense harm due to negligence from their healthcare provider receive adequate compensation for their suffering and losses. This is especially helpful in cases related to catastrophic injuries that can result in long-term disability, permanent injury, and the emotional, financial, and psychological toll that comes with a severe or debilitating injury.
The lack of caps is not as beneficial for healthcare providers, however. While on the one hand, it encourages accountability and high levels of care, it can also mean large payouts for the providers if they are the recipient of a medical malpractice claim. This can cause higher malpractice insurance premiums, potentially increasing the cost of healthcare.
How an Attorney Can Help
For Phoenix medical malpractice attorneys representing victims of medical malpractice, Arizona’s absence of caps offers the opportunity to pursue full and fair compensation for their clients without limitations. This can be especially important in cases involving high non-economic damages, where the injuries are severe and significantly impact the patient’s quality of life.
FAQs
Q: What States Have a Cap on Medical Malpractice?
A: Many states in the United States have caps on medical malpractice damages, particularly on non-economic damages, such as pain and suffering and loss of quality of life. Some states also place caps on punitive damages. While Arizona is not one of these states that place caps, an attorney can inform you of the caps in other states.
Q: What Is the Average Medical Malpractice Settlement in Arizona?
A: The number of medical malpractice settlements in Arizona varies greatly based on a number of factors, including the circumstances of the case, the severity of the patient’s injuries, how the injuries affect their daily life, and the level of negligence performed by the medical professional. Settlements are based on the damages incurred, such as lost wages, medical bills, and pain and suffering, which is different for each case.
Q: What Is the Time Limit for Medical Malpractice in Arizona?
A: The time limit for medical malpractice in Arizona is generally two years. This means that the patient has two years from the time of injury or harm to file a claim against their medical professional. There are exceptions to this rule, however. If a person did not reasonably discover the injury until later, the statute of limitations begins at discovery. Also, if the patient was a minor at the time, the statute of limitations is two years after their 18th birthday.
Q: Does Arizona Have Medical Malpractice Caps?
A: Arizona does not have caps on medical malpractice claims. This means that there is no limit on how much a person can claim in a medical malpractice case. This is beneficial, particularly for claims that seek large non-economic damages when the patient’s injuries are severe and have significantly impacted their quality of life.
Contact Luis P. Guerra, L.L.C., Today
If you or someone you know has suffered an injury due to the negligence of a healthcare professional, Luis P. Guerra, L.L.C., can help. Contact us today for more information.
