When we get sick or are injured, we count on doctors and other medical professionals to help us get better. Unfortunately, not all healthcare workers are always as careful and responsible as they should be. That carelessness can lead to devastating errors that leave patients worse off than before they sought help. These errors can also be extremely costly to fix, which puts additional financial pressure on people who have already suffered enough.
If the negligent actions of a doctor, nurse, or other healthcare provider have hurt you or a loved one, the Peoria, AZ, medical malpractice lawyers at the law firm of Mushkatel, Gobbato, & Kile, P.L.L.C., want to help you demand fair compensation for all that you’ve lost. Our more than 50 years of combined experience and lengthy track record of success set us apart from our peers. We look forward to discussing our services with you during an initial consultation.
Contact us today to find out how we can help.
Table of Contents
- What Is Medical Malpractice?
- How Can An Experienced Peoria, AZ, Medical Malpractice Lawyer Help You?
- What Are Common Types of Medical Malpractice in Peoria, AZ?
- Who Could Be Liable for Medical Malpractice?
- How Do I Prove Medical Malpractice?
- What Is the Statute of Limitations for Arizona Medical Malpractice Claims?
- Contact a Medical Malpractice Lawyer in Peoria, AZ Today
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, lab technician, or other healthcare worker injures or kills a patient due to their negligent conduct. However, just because someone is injured or dies while receiving medical treatment does not mean they were the victim of medical malpractice.
For a doctor or other healthcare provider’s actions to be considered negligent, their actions must have fallen outside the accepted medical standard of care and directly caused a patient’s injuries. Medical malpractice cases are incredibly complex, which is one reason it is so important to consult with an attorney if you’ve been injured in the course of medical treatment.
How Can An Experienced Peoria, AZ, Medical Malpractice Lawyer Help You?
Proving you’ve been the victim of medical malpractice can be extremely difficult. One study found that even in cases where victims have strong evidence to support their case, plaintiffs win only about 50 percent of claims against doctors.
The challenges of medical malpractice claims make it vital to hire an experienced lawyer to help with your case. An Arizona medical malpractice attorney from our firm can help you by:
- Investigating your claim – The more evidence you have to back up your claim, the better your odds are of recovering compensation for your injuries. Our Peoria, AZ, medical malpractice lawyers can gather and analyze medical records, testimony from expert witnesses, employment records, and other evidence to support your case.
- Dealing with insurers – As with most personal injury claims, the majority of medical malpractice cases resolve in out-of-court insurance settlements instead of at trial. You need an experienced medical malpractice lawyer to stand up for you in settlement negotiations so you have the best possible chance of recovering fair compensation for your losses.
- Bringing your case to trial – In some cases, the insurance company for the negligent medical provider will not agree to a reasonable settlement offer. If this happens, a trial could be necessary to pursue compensation for your injuries. Trials can be risky, but an experienced medical malpractice attorney can develop a strategy to maximize your chances of winning.
What Are Common Types of Medical Malpractice in Peoria, AZ?
Unfortunately, examples of medical malpractice in Peoria are all too common, including things like:
- Surgical errors – Most surgeries involve a certain amount of risk, which is why healthcare professionals must act with an abundance of care and caution. When doctors and nurses aren’t careful, serious errors can occur, including wrong-side or wrong-site surgeries, surgical implements left inside patients’ bodies, or surgeries performed on incorrect patients due to chart errors.
- Medication errors – Prescription medications are safe and effective only when correctly prescribed, filled, and administered. A patient who receives an incorrect medication may see their symptoms stay the same or worsen instead of getting better. Similarly, the wrong dosage can lead to severe side effects or ineffective treatment of the underlying issue.
- Diagnosis errors – Before any patient can be treated for an injury or illness, they must be correctly diagnosed. If a doctor makes an incorrect diagnosis, a patient may receive ineffective treatment that allows their condition to decline. Similarly, a delayed diagnosis gives a condition additional time to spread or worsen. A doctor might diagnose one of a patient’s conditions while missing a related injury or illness, which could cause further harm to the patient.
- Birth injuries – Babies are extremely vulnerable to injuries because of their small size and undeveloped bodies. Doctors can injure babies through improper use of birthing tools, handling a baby too roughly, or failing to properly monitor a baby during labor and after birth, for example.
- Emergency room errors – Patients in emergency rooms frequently have severe, potentially life-threatening injuries or illnesses. If they have to wait too long to be seen, or if they receive negligent care from the staff, those injuries or illnesses can become more severe. Unsanitary conditions in crowded emergency rooms can also lead to additional injuries or diseases.
Who Could Be Liable for Medical Malpractice?
Several different parties could be held liable for medical malpractice, such as:
- Doctors – Doctors who make diagnosis errors, medication errors, surgical mistakes, or other negligent medical errors could be held liable.
- Nurses – Nurses who fail to properly monitor patients, administer the wrong medication, or make other mistakes could be held liable for any adverse outcomes they cause.
- Lab technicians – An error in administering, interpreting, or communicating about a blood test, radiological exam (X-rays, MRIs, etc.), or another diagnostic test could lead to severe injuries, in which case lab technicians could be held liable.
- Medical facilities – Most medical facilities hire doctors as independent contractors, making it difficult to hold the facility directly responsible in malpractice cases against physicians. However, some doctors are direct hospital employees, in which case the facility could be held liable. Medical facilities can also face liability for the negligent actions of other employees.
How Do I Prove Medical Malpractice?
To recover compensation in a medical malpractice case, you’ll need to prove your doctor or another provider did not meet the medical standard of care. That means showing the provider’s actions were not in line with what another doctor with similar training and experience would have done in your case. You’ll also have to prove that the provider’s actions directly caused your injuries.
What Is the Statute of Limitations for Arizona Medical Malpractice Claims?
The Arizona Statute of Limitations for medical malpractice or personal injury is two years from the date you sustained your injury or two years from the date you discovered it or reasonably should have discovered it to file a medical malpractice claim in Arizona. If you wait longer, the court will most likely dismiss your claim as untimely, and you’ll lose the ability to seek compensation for your injuries.
Contact a Medical Malpractice Lawyer in Peoria, AZ Today
The Peoria, AZ, medical malpractice attorneys at the law firm of Mushkatel, Gobbato, & Kile, P.L.L.C., want to help you seek justice if a negligent doctor or another medical provider has injured you or a loved one. Contact our office today for an initial consultation.