Pursuing litigation after experiencing medical malpractice can be an overwhelming process. Laws and procedures surrounding such incidents are complex and can be quite confusing. Many litigants often wonder if it is even worth it to pursue damages and hold negligent medical practitioners to account. If you are considering a malpractice action, you may consider these things and reasonably wonder: What is the average medical malpractice settlement in Arizona?
About Us
Luis P. Guerra, L.L.C., is an established legal practice with extensive experience helping the citizens of Arizona navigate malpractice litigation. Our dedicated medical malparctice attorneys are dedicated advocates of our clients and passionately defend their interests with honest and informed counsel to ensure they find resolution and receive just compensation.
What Is Medical Malpractice?
Arizona medical malpractice laws are articulated under A.R.S. 12, which allows legal action against a medical professional for negligence, misconduct, errors, or omissions in the course of their caring for a patient. Under this definition, a patient can seek compensation from a medical professional if it can be shown that their actions or lack of action led to harm. A few common situations where medical malpractice may occur include:
- Misdiagnosing a condition
- Discharging a patient prematurely
- Neglecting to inform a patient of a known risk of a procedure or medication
- Making a serious error while administering treatment, such as surgery
Malpractice cases are not uncommon. In Arizona, there are an average of 150 malpractice claims every year. If you have suffered from medical malpractice, it is critical to have evidentiary support to show negligence on the part of the medical practitioner.
Cause-in-Fact and Proximate Causation
It is important to understand that negligence in medical malpractice is measured against applicable standards of care expected by the state. If a medical professional follows all standards of care mandated by their profession under Arizona law, and the patient still experiences harm, medical malpractice cannot be legitimately claimed. Strong malpractice cases rest on establishing two things clearly: cause-in-fact and proximate causation.
Cause-in-fact establishes a defendant’s liability by showing that, had they not acted as they had, harm would not have come to the claimant. This does not mean the medical provider’s actions are the sole cause of harm, even if their actions contributed only slightly to the injuries of the claimant; cause-in-fact has been established.
Proximate causation demonstrates a clear connection between the medical practitioner’s actions and the injury through supportive evidence. Through proximate causation, a reasonable inference is established that the injuries suffered were a conceivable result of the negligence.
Costs and Payouts in Malpractice Litigation
Medical malpractice cases carry a high threshold for evidentiary support. An attorney must do research, gather expert witnesses, and collect evidence, among a number of other duties. Because of this, a medical malpractice case can be costly, sometimes ranging between $50 and $100,000.
While this can seem like a large amount, you must remember that the damages incurred by medical malpractice due to pain, reduction in quality of life, and bodily harm can be much steeper. Likewise, it is often the case that payouts for damages can mitigate and surpass the cost of litigation. In Arizona in 2024, the average payout for a successful malpractice case was $487,946.
It is important to know that within the state of Arizona, there is a statute of limitations on medical malpractice claims. This typically is two years from the time the injury was incurred. However, due to many malpractice injuries not being found until later, there is a mitigating discovery rule, which allows for the two-year period to begin after an injury has been reasonably discovered by the litigant.
Why Hire Us?
With over 25 years of litigation experience in Arizona, the lawyers at Luis P. Guerra, L.L.C., are prepared to represent your interests with vigorous advocacy to ensure you gain the compensation you are entitled to.
With a record of success in personal injury and malpractice litigation, our attorneys understand the personal, financial, and emotional cost that can come with medical malpractice. We can apply our vast knowledge to defending your interests in and out of the courtroom.
FAQs
Q: Does Arizona Have a Cap on Medical Malpractice Damages?
A: No, in Arizona, there is no cap on medical malpractice damages. Arizona law recognizes that a claimant has the right to seek compensation for medical costs, lost wages, and pain and suffering they have incurred from medical malpractice. This allows victims to seek appropriate compensation to retain their financial stability.
Q: Do Most Medical Malpractice Claims Settle Out of Court?
A: Yes, in general, the majority of medical malpractice claims settle out of court. This can occur due to a number of circumstances; however, a common reason is that an insurance company recognizes that a litigant’s case is too strong to challenge in court. In these scenarios, outside settlement is quite common.
Q: What Are the Odds of Winning a Medical Malpractice Case?
A: Generally, the odds of winning a medical malpractice case are low. A large majority of medical malpractice trials are won by the defendant. This is due to the high threshold of evidence on the part of the claimant. However, if a case has well-documented evidence, appropriate strategizing, and experienced legal representation, a litigant has a much higher chance of achieving a successful conclusion to their action.
Q: Is It Worth Filing a Claim for Medical Malpractice?
A: Pursuing a legitimate medical malpractice claim is worth it. Those who suffer from malpractice have a right to seek compensation and justice for injuries caused by negligence. A successful claim can help the claimant retain financial stability, hold medical practitioners to account for their mistakes, and bring justice to the victim.
Hire a Medical Malpractice Lawyer
It can be discouraging when you embark on a malpractice action. The complexities of such a case, as well as the pain and financial strain already being endured, can be overwhelming. Hiring an experienced medical malpractice attorney is critical in getting what you are entitled to. It is important to hold those who are negligent accountable and vigorously pursue the compensation you deserve. Contact Luis P. Guerra, L.L.C., to learn how we can help.
