Medical Malpractice: Phoenix Medical Malpractice Attorney
Phoenix Medical Malpractice Lawyer
Have you been injured by a doctor, a hospital, or other medical personnel or health care provider? You don’t have to suffer through your injuries without being able to pay for your expenses. After obtaining any additional medical treatment you need, your first stop should be a Phoenix medical malpractice attorney. Contact Lebovitz Law Group to discuss your medical malpractice case in the Phoenix Valley or statewide in Arizona.
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.
What is Medical Malpractice?
As a general rule, medical malpractice claims are negligence cases. However, the negligence determination is somewhat different for professionals, such as doctors. In a malpractice case, the objective is to show that a competent doctor would not have acted as your doctor did; your doctor deviated from the accepted standard of care in connection with your diagnosis or treatment. In addition, medical malpractice can be committed not only by doctors but by nurses, clinics, clinicians, hospitals, psychologists, and others in the medical field.
The elements of a medical malpractice claim are:
- The medical professional owed you a duty of care;
- The medical professional breached the duty of care;
- You suffered an injury;
- The medical professional’s breach directly and approximately caused the injury.
Liability Issues in Medical Malpractice Cases
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:
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.
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.
Medical Malpractice Cases FAQs
What is a Phoenix medical malpractice attorney, and why do I need one?
A Phoenix medical malpractice lawyer specializes in representing individuals who have suffered harm due to medical negligence. Suppose a doctor, hospital, or other healthcare provider has injured you. In that case, a skilled medical malpractice lawyer can help you navigate the complex legal process, protect your rights, and seek compensation for your damages.
What types of cases do medical malpractice attorneys handle?
Medical malpractice attorneys handle various cases involving healthcare negligence, including misdiagnosis, surgical errors, medication mistakes, birth injuries, etc. In addition to medical malpractice, dental malpractice lawyers may also handle dental malpractice cases, addressing issues related to oral health treatments.
How do I prove medical malpractice in my case?
To establish medical malpractice, you generally need to prove four elements:
- The healthcare professional owes you a duty of care.
- The duty of care was breached due to their negligence.
- You suffered harm or injury as a result of the breach.
- The breach directly caused your injury.
An experienced medical malpractice lawyer can help gather evidence, consult medical experts, and build a strong case to demonstrate these elements.
What kind of compensation can I receive in a medical malpractice case?
Compensation in a medical malpractice case can cover various damages, including medical expenses, lost wages, pain and suffering, emotional distress, and more. The specific damages you can pursue will depend on the details of your case and the extent of your injuries.
How do I choose the right medical malpractice attorney in Phoenix?
When selecting a medical malpractice attorney in Phoenix, consider their experience, track record of success, knowledge of medical and legal complexities, and dedication to advocating for your rights. At Lebovitz Law Group, we provide personalized attention, one-on-one consultations with our Managing Attorney, Brandon Lebovitz, and a commitment to helping you achieve the maximum compensation you deserve.
Call the Lebovitz Law Group at 602-975-5550
Get the Answers you deserve. The legal and insurance systems are confusing and intimidating. The Lebovitz Law Group has the experience and knowledge to guide you through them, and to help you get the maximum compensation you are entitled to.
Feel Empowered. Lebovitz Law Group has successfully helped people just like you get compensation for their personal injuries. We will give you the knowledge, counsel and advice to help you make wise decisions for your physical, mental, emotional, and financial well-being.
One on One Attention. You are important to us and we show it. Meet one-on-one for your initial consultation with our Managing Attorney, Brandon Lebovitz. Feel confident knowing that you will have Mr. Lebovitz’s personal attention every step of the way.
Save Time, Money and Stress. We know you have already lost time, most likely money, and have suffered stress because of your personal injury. Your time is important and valuable. Let Lebovitz Law Group take it from here; we will fight hard to quickly get results for your case, while you focus on your recovery.
LLG prides itself on being trustworthy and dependable. At an incredibly difficult time for you, LLG will relieve the burden of navigating the legal process to recovery.
55 E. Lexington Ave,
Phoenix, Arizona 85012
Our No-Fee Pledge
At Lebovitz Law Group, we offer free, no-obligation consultations. If we accept your retention of our firm, we will finance your case costs. We only get paid when we obtain a favorable settlement or verdict in your case, and we stand by that promise.