Medical Malpractice: Phoenix Medical Malpractice Attorney

Medical Malpractice Attorney In Phoenix

Medical malpractice cases are some of the most fiercely contested types of litigation. This is because a doctor’s or hospital’s reputation may be at stake. Even if the doctor’s insurance carrier is going to foot the bill for any damages, the doctor may feel that a malpractice verdict in favor of one of their former patients could hurt the doctor’s medical practice and their ability to attract new patients or keep existing patients.

This does not mean that all, or even most, medical malpractice cases have to be hard-fought or result in a jury trial. The right plaintiff’s medical malpractice lawyer can use a doctor’s fears about his or her reputation and future practice as an advantage. By developing an extremely strong case, the doctor and his/her defense team may realize that the chances of an adverse jury verdict are sufficient, and that the doctor risks additional bad publicity if the case does not settle before trial. In much the same way, your dental malpractice lawyer should do everything within their power to demonstrate to the insurance company that a fair settlement avoids the risks of placing the matter in the hands of a jury.

To establish liability in a medical malpractice case, the plaintiff must prove that the doctor, nurse, hospital, etc., was at fault for their injuries by performing in a substandard way. Some of the possibilities depend upon the particular type of practice involved and whether the doctor is a specialist or at least holds themself out to be one. But malpractice can generally be divided into these three categories:

Improper diagnosis

When you come to a doctor with a physical ailment or complaint, you rely on the expertise that you are entitled to expect from a physician. Failing to properly read an X-ray, missing abnormalities on a blood test, and failing to perform necessary tests that would have disclosed the problem are some examples that can lead to an improper diagnosis.

Treatment mistakes.

Again, the possibilities regarding the specific mistakes physicians can make while you are under their care are endless. The mistake could be in how the treatment is administered or in choosing which treatment should be applied in your case. Sometimes the mistake is more obvious and incredibly gross, such as operating on the wrong patient or the wrong side of a patient’s body. Doctors have performed a coronary artery bypass graft on the wrong artery, provided a blood transfusion using the wrong blood type, improperly administered anesthesia, and the list could go on and on.

Failure to advise you of a known risk.

When a physician advises you as to treatment options, they must inform you of known risks associated with each of those options. The American Medical Association has guidelines to ensure that patients not only give informed consent but also give informed consent. This includes the risks and benefits of a proposed treatment, alternative treatments, and preceding treatment. Failure to advise you of these risks and benefits could support a claim for medical malpractice.

Damages in Medical Malpractice Cases

Like most personal injury litigation, damages in a medical malpractice case can include many things. The damage award is designed to make you whole and can include damages that are considered economic as well as those that are considered non-economic. Economic damages include medical expenses and other out-of-pocket losses, as well as lost wages and a reduced ability to earn wages in the future. Non-economic damages are more difficult to quantify and could include pain, mental suffering, the effects of some sort of scarring, disfigurement, or other adverse effect on your appearance, the effects on your family and relationships, and the ability to enjoy life’s activities the way you did before your injuries. If you’ve been affected by dental malpractice, our experienced dental malpractice attorneys are here to support you and fight for the compensation you deserve.

In some cases, where the defendant’s conduct is particularly egregious, punitive damages may also be allowed. These are damages assessed not to compensate you but to punish the person whose conduct is at issue.

Medical Malpractice Cases in the Greater Phoenix Area

Much knowledge and expertise are required to handle a medical malpractice case properly. While it may appear that the liability issue is simple in some situations, things are often much more complicated than they seem. As the case proceeds, you may discover that there are complicated medical issues involved in your case. You can ensure you are prepared for any obstacles by choosing the right lawyer from the start to represent you in connection with your claim against a hospital, doctor, or other healthcare provider

In addition to law knowledge, you need an attorney who will fight for your rights. Choosing someone with the drive and experience to take your case to trial is essential if the defendant refuses to place a reasonable settlement offer on the table.

Remember, there are periods within which you must bring your claim, and failure to do so could lead you to lose whatever rights you have to seek damages. This is why contacting an expert attorney as soon as possible is important. Contact Lebovitz Law Group today and schedule a free consultation.