Medical Malpractice Attorneys Serving Phoenix, Arizona
When looking for a medical malpractice attorney in Phoenix, you should seek an attorney who understands the importance of proper medical practice procedures required to make an accurate diagnosis. Whether it’s a casual checkup or a serious visit to the doctor, you trust medical professionals with your life and health.
Our medical malpractice lawyers in Phoenix understand the pain and suffering that result from medical malpractice; we believe that these doctors need to be held responsible for any potential negligence. While one would hope that all doctors strive to provide consistently accurate results for patients, this isn’t always the case. Unfortunately, there are still several instances of medical malpractice in Arizona. Some doctors allow too much room for error, which can result in horrible consequences for patients and their loved ones.
The Law Firm of Luis P. Guerra, LLC: Your Phoenix Medical Malpractice Lawyers
It’s important to find a malpractice attorney in Arizona who has proven years of experience. Our honest and aggressive lawyers have over 20 years of experience in handling medical malpractice in the Phoenix area. We will conduct a very thorough investigation of your case, collecting the necessary details to prove negligence and recover the compensation a patient or a patient’s loved ones deserve. We read through every page of doctors’ notes and documents relevant to your case.
Below are just a few examples of potential medical malpractice we cover:
Failure to diagnose
For over two decades, we have been helping the people of Arizona get the settlements that they deserve after a medical malpractice incident. When you work with us, you know that you are getting the very best legal representation in the Phoenix area. Our experience and tenacity in the courtroom result in faster case resolutions, higher settlements, and swift justice.
What Are Medical Malpractice Cases?
Most people trust medical professionals to help them feel better and to let them know when something is wrong. Though most doctors and nurses do help their patients, it is possible for them to inflict harm as well. An off day or the smallest bit of negligence from a medical professional can result in serious patient injuries or even death. Though we would like to think that these things don’t happen very often, the reality is much bleaker. Medical malpractice in Phoenix happens with regularity.
One of the most significant forms of medical malpractice is surgical errors. These situations happen when a surgeon, nurse, or other operating room professional does something incorrectly. Some examples include:
Operating on the wrong area of the body
Damaging surrounding organs or tissue unnecessarily
Leaving towels or surgical tools inside the body
Performing unnecessary or unauthorized actions during surgery
Operating while under the influence of drugs or alcohol
Operating while fatigued
Neglecting duties or hospital protocol
In some situations, surgical errors are very obvious. For example, if a surgeon amputates your right leg instead of your left leg, it will be immediately apparent that they have made an error. Other issues, however, may take longer to identify. If a doctor damages other organs or tissue while they are operating, you may not realize it until symptoms become obvious.
Misdiagnosis or Failure to Diagnose
Doctors are not all-knowing. However, they do have the duty to do their best to properly diagnose their patients. In some cases, they fail to do this properly.
A misdiagnosis occurs when a doctor assumes or concludes that a patient is suffering from one condition when the evidence shows that something else is happening. For example, if a doctor tells a patient with fatigue that they have depression when they are really suffering from diabetes, they’ve clearly failed to look into all of the options.
Failure to correctly diagnose an issue occurs when a doctor doesn’t give the patient a diagnosis despite sufficient evidence. For example, if blood work, X-Rays, and symptom reports suggest that a patient has cancer but the doctor says that the patient is fine and has nothing to worry about, the patient could sue for medical malpractice.
Physicians and surgeons are not the only people who can commit medical malpractice errors. Pharmacists and other medical professionals have the capacity to inflict harm as well. If a pharmacist fills a prescription incorrectly or with the wrong dosage, they can cause serious damage.
The hospital birthing process is fairly involved. In many situations, nurses, midwives, and OB/GYNs must make critical decisions while a patient is giving birth. Sometimes, those decisions come with consequences that threaten or take the life of the mother or child. In some instances, this is considered medical malpractice.
Some birth injuries include:
Bruising or marks from forceps
Brachial plexus palsy
Broken bones or torn tendons
These conditions don’t always guarantee that medical malpractice has occurred. However, if they happen to you, it’s worth investigating the situation with an attorney.
When a patient is in the hospital, the institution has a responsibility to make sure that person is properly cared for. Doctors, nurses, nursing assistants, and specialists must all ensure that the patient is getting the nutrients and medication they need. Medical professionals must also follow correct hygiene practices. If they fail to do this, a patient can suffer from bedsores and other ailments as a result of their neglect. Negligence can also come down to hiring practices.
Statute of Limitations
If you are considering hiring a personal injury lawyer in Phoenix or Arizona in general, there are some key facts about the statute of limitations that are helpful to understand. First and foremost, there is the standard deadline for filing medical malpractice in Arizona. This states you must file for malpractice within two years of your doctor’s visit or else your case will not be heard. If you are approaching this deadline, give one of our medical malpractice attorneys in Phoenix a call as soon as possible.
There is also a second part of the statute of limitations: The discovery rule that states you may file for malpractice outside of the standard deadline if there was no potential way of understanding there was malpractice in your treatment or diagnosis. This may apply if symptoms or indications don’t occur until after a period of two years.
And finally, the third part of the statute of limitations is for minors; in cases of medical malpractice inflicted upon a minor, a parent may file for malpractice for any children or teenagers under the age of 18. The law can be very tricky to understand, especially in times of distress from medical malpractice. Let one of our medical malpractice lawyers in Phoenix handle your case.
Proving Medical Malpractice Cases
It can be difficult to prove medical malpractice, especially without an attorney. However, with the help of our dedicated attorneys, it’s possible to win your case and earn the compensation you deserve.
There are set criteria for every medical malpractice case. When we prove these points, it shows the court that a medical professional has broken medical malpractice laws.
You Were Being Treated
Our first job will be to show that you were being treated by the doctor who harmed you and that you had a doctor-patient relationship with them. This is usually very simple and requires only notes from a single appointment in their care. The more often you interacted with them, the clearer the doctor-patient relationship becomes.
There Was a Breach of Duty
A breach of duty means the medical professional failed to properly do their job. This is to say that their treatment of you did not meet the general minimum standards of the medical community. If other medical professionals with comparable training and experience would have done a better job, there was likely a breach of duty.
This is perhaps the most complicated aspect of proving a medical malpractice case. To prove causation, we must show that the professional’s behavior led to your injury. In some cases, this is very easy. For example, if a doctor leaves a scalpel in your body during an operation and it bursts your lung, that’s clear causation.
In some cases, things are not so straightforward. The doctor or hospital will work diligently to suggest that something else caused your injury or suffering. This is just one reason that it’s important to begin creating your case as soon as you realize that something is wrong. The more time that passes, the more difficult it becomes to prove that the injury wasn’t caused by something else.
Finally, we have to prove that you have suffered as a result of the injury or incident. The form of suffering can be emotional, physical, psychological, or financial. This is one of the simpler aspects of these cases, as suffering is what causes you to come to us in the first place.
It’s important to have an idea of the key elements of a medical malpractice case. By understanding these aspects, you can watch out for proof that medical malpractice has occurred.
Our firm handles wrongful death cases as well, many of which occur because of medical malpractice. If a medical professional makes one of the mistakes listed above, and the proper criteria can be met, then the deceased’s family can file a wrongful death claim.
Though a claim of this nature won’t bring back your loved one, it can certainly help to support you financially in the wake of this tragedy. Many families can cover burial expenses, as well as compensate for some of the income that they lost as a result of their loved one’s death. Depending on the scenario, your settlement may also cover much more.
How Much Are Medical Malpractice Lawsuits Worth?
It is difficult to say how much you may receive from a medical malpractice case because the sum depends on the circumstances and the severity of the event. Some cases yield a large settlement because they caused a significant amount of damage, while other cases are more limited in what they can earn.
It’s important to note that your settlement will depend on the damages that occurred. In medical malpractice cases, there are two kinds of damages:
Actual damages include any lost wages, bills, additional treatment, and pain and suffering that happened because of the medical malpractice. For instance, if you had to go to the emergency room because of your injury, the medical malpractice settlement from the event that caused the injury would cover the emergency room bill.
Punitive damages are different and are only possible in some situations. Punitive damages can be awarded when the medical professional acts in an especially reckless or malicious manner. For example, if a doctor injects you with the wrong medication as a personal experiment, you would likely be awarded punitive damages to compensate for such vile and unusual behavior.
It’s also important to note that, unlike many other states, Arizona does not place a cap on how much you can earn in a medical malpractice case. Punitive damages can be extremely expensive, and since there is no upper threshold for how much your settlement is worth, you may end up with a significant amount of money from your settlement.
Ultimately, however, your settlement will depend upon the circumstances of your case. Your attorney should be able to tell you whether your case is unusual or strong when you begin to work with them.
How Much Does a Medical Malpractice Lawyer in Phoenix Cost?
Many people want to know how much of their settlement they can expect to lose to their attorneys or how much they have to pay for representation. Though this is a valid concern, it’s difficult to say for sure. Every law firm is different and charges differently for its services.
No matter what your situation may be, you want to discuss finances with your attorney during your consultation. Your attorney should also ask you about your case and open a dialogue about what they charge. It’s essential to have this conversation ahead of time so you do not lose your legal representation during your court proceedings. If you are unable to afford your attorney, your case will likely fall apart.
Most law firms are happy to discuss their pricing systems with you. They understand that this is important information and may alter your ability to move forward with their firm.
Trust the Law Firm of Luis P. Guerra, L.L.C
Our firm has significant experience in all areas of medical malpractice law. We have been protecting the people of Arizona for over 25 years, and we can do the same for you. We will tackle each and every obstacle that results from medical malpractice with you. Each malpractice attorney in our Arizona firm will go to great lengths to recover the compensation you deserve. We are empathetic individuals who understand the emotional and financial pain that medical malpractice can create. We will fight for you in court, in person, to handle all the legal aspects that you shouldn’t have to worry about. In times such as these, you need to focus on what is most important: your health.
Schedule a Free Consultation
If you believe you are a victim of medical malpractice in Phoenix, or any surrounding areas, do not hesitate to call us. Our services are on a contingent basis, meaning we only charge legal fees if we have successfully recovered the money you’re entitled to. We want to make sure you are better off than before you met us.
Highly Rated In Reviews Read What Clients Say About Us
Total rating 5★ Quality of Representation Excellent!!! These attorneys understand all that is required to achieve favorable results. Talking with Mr. Shapiro and Mr. Guerra is easy and comfortable. I highly recommend this law firm.
I was badly injured in an accident at work. I hired a well-known attorney to represent me, but it wasn’t till Luis Guerra and his firm joined my case that things actually began to take off. Luis Guerra took my case personally and fought hard for me like I was family. I truly believe that if it wasn’t for him I would not have received the settlement that I did! He is an aggressive and HONEST attorney who will fight for what is right. His entire firm is filled with love and compassion for the victims. In the unfortunate event that you or a loved one is injured, I would HIGHLY recommend Luis Guerra.
Not only did Mr. Guerra and Mr. Shapiro meet their reputation but by far exceeded my expectations. They are diligent advocates for their clients, professional and extremely responsive to all inquiries. Most importantly, they had the expertise and genuine personal concern for my well-being that inspired confidence and ultimately resulted in an outstanding result. Mr. Guerra and Mr. Shapiro are attorneys that are truly interested in the welfare of their clients. I highly recommend having their team on your side for any case.
by Elizabeth H.
Mr. Luis Guerra is one of the most caring and compassionate people I have ever met. Thank God there are still people like him in the world. He carefully explained the entire process to me so I was aware at all times what was going to happen next.
The quality of representation we received was of the highest anyone could expect. It was a privilege to work with Luis and his staff. I am extremely grateful that I chose you to be our attorney. I am relieved that this matter has been concluded. Thank You for representing us. God Bless You.