What is Medical Malpractice?
Have You Been Injured by The Negligence of a Medical Professional?
• Contact an attorney as soon as you believe you have suffered a wrong.
• Seek out a second opinion by a medical specialist
• Always ask and keep all your medical records every time you seek out medical treatment.
• Keep a journal to help recount your experience.
• Do not speak with insurance companies or other parties related to your medical injury.
How Do I Know if My Injuries Qualify for a Medical Malpractice Claim?
Arizona medical malpractice claims must be a result of the legal theory of “negligence.” This requires the victim to prove that the treating medical professional or health care provider failed to provide the industry standards of medical care for their patient which resulted in injury or harm.
Arizona Statute § 12-563. Both of the following shall be necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted standard of care:
1. The health care provider failed to exercise that degree of care, skill and learning expected of a reasonable, prudent health care provider in the profession or class to which he belongs within the state acting in the same or similar circumstances.
2. Such failure was a proximate cause of the injury.
The Four Key Elements for Proving Negligence in a Medical Malpractice Case Include:
• Must prove professional duty owed to the patient
• Must prove that the medical professional’s treatment fell below the industry standards of care that others with the same training and experience would have provided.
• Must prove that the actions or non-actions of the medical professional caused your injury or worsened your condition.
• Must prove that the victim suffered loss or damages because of the negligent treatment by the health care provider. This can include emotional, physical, and psychological pain, along with financial loss caused by medical bills, or loss of work.
If you believe that you have suffered medical malpractice and would like to consult an experienced attorney. Call Garrison Law Firm for a Free Legal Consultation.
Who Can Be Held Responsible in a Medical Malpractice Case?
If you or a loved one has been injured in a slip and fall accident, it’s important that you consider the following to ensure that you build a strong case that will help compensate you for medical expenses, lost wages and damages related to your accident.
- In Arizona a medical malpractice suit can only be brought against a licensed health care provider, according to AZ Stat § 12-561.
(a) A person, corporation or institution licensed or certified by the state to provide health care, medical services, nursing services or other health-related services and includes the officers, employees and agents thereof working under the supervision of such person, corporation or institution in providing such health care, medical services, nursing services or other health-related services.
(b) A federally licensed, regulated, or registered blood bank, blood center or plasma center collecting, processing, or distributing whole human blood, blood components, plasma, blood fractions or blood derivatives for use by a licensed health care provider and includes the officers, employees and agents working under the supervision of the blood bank, blood center or plasma center.
2. “Medical malpractice action” or “cause of action for medical malpractice” means an action for injury or death against a licensed health care provider based upon such provider’s alleged negligence, misconduct, errors or omissions, or breach of contract in the rendering of health care, medical services, nursing services or other health-related services or for the rendering of such health care, medical services, nursing services or other health-related services, without express or implied consent including an action based upon the alleged negligence, misconduct, errors or omissions or breach of contract in collecting, processing or distributing whole human blood, blood components, plasma, blood fractions or blood derivatives.
Medical Malpractice Attorney in Arizona
If you believe you or your loved one has suffered medical malpractice due to the negligence of a medical professional. It is important that you contact an experienced attorney with a proven history of helping clients overcome the challenges associated with the complexities of this law practice area. Garrison Law Firm has been fighting for the rights of medical malpractice victims for over 30 years and we will fight for your rights too.