Have you or your loved one suffered due to the negligence of your healthcare professional? The carelessness of medical professionals is a punishable offense under federal law. However, states may decide to punish the offender differently. Let’s learn the different trends and developments of laws regarding medical malpractice.
According to the latest updates in 2024, in Arizona, you have to file a lawsuit within a specific period of two years. If you fail to do so, your case will not be awarded with recovery. So it is better to get well-versed with all the rules and regulations of medical malpractice.
We aim to provide the latest updates on medical malpractice in Arizona. This article will guide you through the basics of medical malpractice. If you have already filed a lawsuit and want to navigate through your medical malpractice case. Then, it’s better to contact a professional Arizona medical malpractice lawyer recognized medical practice or law firm.
Understanding Medical Malpractice in Arizona
Let’s go into the details of medical malpractice and understand what it’s defined as according to the laws in Arizona state. Medical malpractice is the causeof negligence performed by a doctor, surgeon, registered nurse, clinician, hospital administrator, radiologist, or any other healthcare practitioner.
Medical malpractice can be differentiated into many types. It can be negligence during surgery, incorrect diagnosis of disease, usage of improper or inefficient medical equipment during surgery, not giving prior warning, and more. On top of that, any medical inaccuracies or mistakes are considered medical malpractice in Phoenix, AZ
Factors Affecting Medical Malpractice Claims in Arizona
Medical malpractice claims can be filed against any certified medical professional. If you think that you have suffered due to the careless behavior of the medical professional who treated you, then, you are eligible for filing a lawsuit against that medical professional. However, you need to take care of two things in mindbefore filing a lawsuit.
- A medical professional failed to execute the required standard of care that was expected from him.
- His negligence led to injury, suffering (physical, mental, and financial), and loss of you or your loved one.
If your case checks the above two conditions. Then, you are good to meet a personal injury attorney in Phoenix or Scottsdale, AZ. Almost all of them offer free consultation. Make sure you do it within two years from the date of injury. Now, let’s dive into the steps of medical malpractice litigation.
Steps to Take When You Face Medical Malpractice
Most medical malpractice cases get settled out of court as personal injury claims can be long, ordeal, and expensive. However, if you have faced significant loss and you decide to go through the trial. Then, you will probably follow the trail mentioned below:
- Initiating the case: If the case does not get settled outside the court. The case will move to the court. For that, you need to file a written complaint and give it to the court. The complaint must include:
- The full name of the plaintiff and defendant.
- The complaint must include a statement stating that the justice court has legal authority over the subject matters of the plaintiff and defendant.
- A short and clear sentence explaining the outline of the case. This gives an overview of the case to the judge or jury.
- The complaint must also include the accurate location of the court. The count in which you are filing a claim must fall under proper jurisdiction.
- The complaint should also contain a sum of money according to the damages caused if you need clarification on the sum of money. Then, you can mention the damages and suffering caused due to medical malpractice.
- Preparing for the litigation: Before going into trials, the court allot some time for the discovery process. Here, both parties (plaintiff and defendant) work on discovering the facts, witnesses, and documents required to strengthen their respective cases.
- Pretrial Litigation: Going into trials is an expensive, long, and ordeal procedure. Therefore, most cases get settled before going to trial. On top of that, each jurisdiction has a different damage threshold. For instance, Maricopa County, which covers cities like Phoenix and Scottsdale has a threshold of $50,000. If you have suffered lesser damages than that. Your claim will land in the arbitration process. In this process, the court appoints an arbitrator who tries to understand the case and claims from both sides and ultimately resolves the case between two parties.
4. Trial: If your case doesn’t get settled outside the court or during the arbitration. Your case will go to trial. Your case will be reviewed by the ‘trier of fact’, You may know him as a judge, it can also be a jury. He will hear the arguments presented by both parties, and review the evidence, and statements of the witnesses to give a final verdict of the case. It’s interesting to note that all the jurors are selected with a procedure known as ‘voir dire’. Its procedure eliminates the chances of biases towards the cast being brought to the court.
5. Appeal: If the losing side is unsatisfied with the decision of the court. He can get it reviewed by the higher court. The higher court ensures that the lower court hasn’t made any errors or didn’t approve any statement based on unsupported facts. The final decision of the higher court may differ from the lower court because they haven’t gone through or witnessed the presentations of the plaintiff and defendant. It’s important to note that the losing side must appeal before 30 days. If they fail to do so, They have to agree with the verdict of the lower court.
Special Procedure for Medical Malpractice in Arizona
To file a case of medical malpractice in Arizona, an individual needs to get an expert healthcare professional who’s unconcerned with the scenario of the plaintiff. There he must include the factual backing against each claim made by the plaintiff. It can be errors, omissions, and acts of a standard expected from the medical professional.
The statute of limitations for filing a lawsuit in Arizona
1. Statute of Limitations Duration: The plaintiff must file the case within two years of injury.
2. Starting Point for the Limitations Period: The clock typically starts from the date of the alleged medical malpractice or the date the plaintiff discovers or should have discovered the injury, whichever occurs first.
3. Exceptions and Nuances: There may be exceptions and nuances based on the specifics of the case. For instance, if injury occurs to an underage individual. You need to be at least 18 years of age to file in Arizona.
4. Legal Consultation: It is crucial to consult with a qualified attorney for accurate and up-to-date information tailored to the individual circumstances.
How to Find a Medical Malpractice Attorney You Can Trust?
Are you seeking an experienced medical malpractice attorney in Arizona or a law firm with a track record as a super lawyer? There are numerous ways to get in touch with them, as there are many of them. Follow the steps below to contact the perfect Phoenix medical malpractice attorney to handle your case. These steps will ensure you get a cherry on the cake.
● Follow the legal awards in Arizona. There are numerous legal awards given to attorneys and lawyers in Arizona. Below are some of the awards you can follow.
○ Walter E. Craig Distinguished Services.
○ Mark Santana LRE Attorney.
○ Top Pro Bono Attorneys.
● Inspect their socials, ratings, and reviews not only from their website but from other trustworthy websites as well. You can consider looking at Google reviews, Yelp, and other reliable websites rating private attorneys, legal counselors, and medical malpractice law firms.
In the end, if you think you have sustained losses due to the medical negligence of a medical worker. And want him to pay for your damages. Then, file the case within two years of injury or medical damages. It will always be better if you consult a medical malpractice attorney. He can analyze, inspect, and provide a clear picture of your case and the right way to take your case forward.