Gilbert Medical Malpractice Lawyer

Medical malpractice occurs when a healthcare professional’s actions, or inaction, fall below the accepted standard of care within the medical community, causing harm to a patient. This negligence can involve errors in diagnosis, treatment, aftercare, or health management, and can lead to injury, illness, or even death. Consult with an experienced and dedicated Gilbert medical malpractice lawyer today if you or a loved one has experienced medical malpractice.

Seek rightful compensation for medical malpractice by consulting with a premier medical malpractice lawyer at Luis P. Guerra, L.L.C., today. Our legal team is experienced with these types of cases and knows what it takes to be successful with a medical malpractice claim. We are dedicated to helping victims in our Gilbert community when they need it most.

In 2023, approximately 11,400 medical malpractice cases were filed in the U.S. However, this number only represents a fraction of the instances of medical malpractice, as many cases go unreported. You generally need to demonstrate four key elements to prove medical malpractice: a doctor-patient relationship, a breach of the standard of care, causation, and damages.

• Duty of care. This is established by proving that a doctor-patient relationship existed. This means the healthcare provider was responsible for providing care to the patient.
• Breach of duty (Negligence). This involves demonstrating that the healthcare provider failed to meet the accepted standard of care in their field. This might involve proving they made a wrong diagnosis, failed to order necessary tests, made a surgical error, or provided improper treatment.
• Causation. This element requires proving that the healthcare provider’s negligence directly caused the patient’s injury. It’s not enough to show negligence; you must prove that the negligence caused the harm.
• Damages. This means proving the patient suffered damages as a direct result of the negligence, such as physical injuries, emotional distress, or financial loss.

Gathering evidence is an essential element in medical malpractice cases. Examples of important evidence include:

• Medical records. Comprehensive medical records, including patient history, treatment plans, and adverse outcomes, are crucial.
• Expert testimony. Expert witnesses (doctors in the same field) can analyze records, explain the standard of care, and testify on whether the healthcare provider breached that standard.
• Witness testimony. Eyewitnesses to the medical procedure or treatment can provide valuable testimony.
• Pain and suffering documentation. Journals, therapy bills, and testimony from those who know the patient well can help prove the extent of pain and suffering.

In medical malpractice cases, patients have fundamental rights that are crucial for their well-being and ability to seek legal recourse. The core patient rights in medical malpractice in Gilbert include:

• Informed consent before healthcare decisions
• Access to medical records
• Competent and safe medical care
• Respectful and dignified treatment
• Right to refuse treatment after understanding the consequences
• Ability to seek second medical opinions
• Compensation for damages resulting from medical negligence
• Privacy and confidentiality of medical information
• Continuity of coordinated care with reasonable notice if treatment changes

Understanding and upholding these rights is essential for patients to make informed decisions about their healthcare and to seek appropriate legal counsel when their rights have been violated.

If your rights have been violated and you pursue a case, you can attempt to settle your case outside of court; however, some medical malpractice cases do proceed to trial. This process requires an understanding of Arizona’s specific legal standards and local court procedures of the Maricopa County Superior Court, in which a qualified attorney can help you navigate.

At Luis P. Guerra, L.L.C., we fight for justice for innocent victims. We do not want your medical malpractice case to be one of the many that fail to be reported. With over 25 years of experience, Attorney Guerra can be entrusted to build your case and serve you with full dedication and commitment.

Our clients often note in reviews of our team’s genuine care and compassion. Not only can we offer the necessary legal knowledge to build a successful case and work towards securing your rightful compensation, but we can also support you every step of the way during a difficult time.

At Luis P. Guerra, L.L.C., our team serves clients with passion and dedication to yield desired results. Across various types of personal injury cases, we have won more than $100,000,000 on behalf of our clients.

Luis P. Guerra has been helping the injured and their families seek compensation for more than 25 years. Fluent in Spanish, Portuguese, and English, Attorney Guerra can provide encompassing representation for a wide range of clients. At Luis P. Guerra, L.L.C., we are fully committed to providing fierce representation after suffering a burn injury, striving to secure the compensation you are due.

Q: What Kind of Compensation Can I Receive in a Medical Malpractice Case?

A: In a medical malpractice case, you can receive compensation for both economic and non-economic damages, and, potentially, punitive damages in cases of extreme negligence. Economic damages cover quantifiable financial losses such as lost wages and medical bills, while non-economic damages address non-financial losses like pain and suffering. Punitive damages, if awarded, aim to punish the healthcare provider for particularly egregious conduct.

Q: What Is the Average Medical Malpractice Settlement in Arizona?

A: Several factors can influence the settlement amount in a medical malpractice case, including the severity of the injury, medical expenses, lost wages, pain and suffering, and whether long-term care is needed. It’s important to note that Arizona does not have caps on damages in medical malpractice cases, meaning there is no limit on the amount of compensation that can be sought.

Q: What Is the Hardest Element to Prove in a Medical Malpractice Case?

A: Proving causation is the most challenging aspect of medical malpractice cases. Plaintiffs must establish a clear, direct connection between the healthcare provider’s negligent conduct and the resulting patient harm. The complexity arises because medical outcomes can have multiple contributing factors, and distinguishing between injuries caused by the provider’s negligence versus those resulting from the underlying medical condition can be difficult.

Having a lawyer is crucial in medical malpractice cases because they possess the legal knowledge and resources to navigate the complexities of these cases, working for victims to receive fair compensation for their injuries. You can place confidence in an experienced lawyer to handle investigations, gather evidence, and prepare for representation in court.

Our passionate and dedicated team at Luis P. Guerra, L.L.C., is here to help and will seek to ensure you receive the justice and compensation you are due. Contact us today to schedule a consultation.