Medical Malpractice in Chandler, AZ

Medical malpractice lawsuits in Arizona often involve notable high-dollar stakes. One woman won a $12 million case against Banner-UMC in 2017.

While each case is different, the goal for a lawyer in Chandler is to ensure their client has what they need. A lifetime of aftercare for severe problems can easily cost families millions over a lifetime.

If you believe you have a case, no matter how large or small, you deserve individual attention. After you read this article, you will have what you need to get it.

What Evidence Do I Need for Chandler, Arizona Medical Malpractice Claims?

To file a medical malpractice claim, you must prove certain conditions. Furthermore, the burden of proof falls on the injured party. An experienced lawyer in Chandler, AZ can steer you through the procedures.

Although there may be variations, there are some standards that you should aim to meet:

  • There must be a clear cause-and-effect relationship.
  • The long-term complications mentioned in the claim were due to malpractice and not a pre-existing condition.
  • The doctor and the patient had a professional relationship.
  • The incident resulted in additional harm. You cannot start a lawsuit unless there is a direct injury. Several types of pain qualify.
  • There was negligence on behalf of the doctor. This failure may be an improper diagnosis or procedure. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or opinion.

Arizona law has two standards for medical malpractice lawsuits. Your attorney in Chandler must demonstrate them to have a viable court case or settlement. Specifically, current statutes require the following elements:

  • The medical staff did not exercise the appropriate standard of care
  • Their failure to give proper treatment resulted in your injury

Hospital Responsibility

You cannot hold a hospital in Chandler responsible for malpractice in most circumstances. Many institutions hire doctors as independent contractors, so they do not have liability for their actions. But if a nurse or another staff member caused the problem, you may have grounds to sue the facility in Chandler, Arizona.

The Varying Types of Medical Malpractice

You can file a medical malpractice claim if you meet the necessary criteria. First, you must determine which category applies to your claim. The most common are as follows:

  • Incorrect Diagnosis – misdiagnosis resulted in injury.
  • Wrongful Treatment – no reputable medical professional would endorse what the doctor recommended.
  • Failure to Disclose Risks – The doctor neglects to inform you of medical risks, or they fail to fulfill their duty of informed consent. Consequently, you did not make an informed decision about medical procedures or treatments.

There are also other reasons or categories for filing a lawsuit that includes these errors:

  • Completing unnecessary procedures or surgeries.
  • Perpetrating surgical errors
  • Failing to deliver proper follow-up care or acceptable post-care
  • Misinterpreting or disregarding laboratory test results

Damages Available in Chandler, AZ

In a medical malpractice case, there are three types of damages that a court may award:

  • General Damages – compensation for physical or emotional suffering caused by negligence.
  • Punitive Damages – damages awarded to punish the medical professional or facility found at fault.
  • Special Damages damages for expenses incurred from medical bills and lost wages.

The Arizona Constitution does not allow limitations for injury or death. Moreover, direct economic damages like medical expenses and lost wages are not subject to a cap. Accordingly, a lawsuit from a patient in Chandler could cover their needs for life.

Statute of Limitations

Medical malpractice claims have a rigid statute of limitations that differs by state. If the claim does not happen soon enough, the court will dismiss it regardless of the facts.

In Arizona, the statute of limitations for medical malpractice claims is two years from the date of the injury. Alternatively, patients from Chandler can have two years from when they discovered it. However, there is an overall cap of eight years from the date of the incident.

Medical Malpractice Review Panels

Some states make it mandatory to file a malpractice claim with a review panel first. These medical professionals review the evidence and take expert testimony to determine if your claim is valid. Their decision does not carry the same weight as a court. However, it can be a crucial step toward building a case. Moreover, it can add credibility.

If you have a medical malpractice complaint in Arizona, you can report it to the Arizona Medical Board. The board investigates complaints against licensed healthcare professionals, such as doctors and nurses. Nonetheless, you must submit a notice to the provider and the government 60 days before filing a lawsuit.

Do I Need to Hire an Attorney?

Pursuing a medical malpractice claim in Chandler, Arizona can be challenging and complicated. It is also a daunting experience, especially if you are still dealing with the consequences of the physician’s conduct. Most people will need legal advice from a personal injury lawyer with a medical malpractice specialization in Chandler.

Retaining a medical malpractice attorney can assist you in various ways in building your case. Below are some of the tasks that an attorney can typically handle:

  • Collecting influential evidence
  • Locating expert witnesses to testify
  • Assembling your case
  • Supporting you while preparing for the malpractice review panel
  • Bringing your claim to court

Work With an Experienced Local Lawyer in Chandler, Arizona

Considering the importance of your case, it is advisable to seek legal assistance. Consult a competent attorney in Chandler who knows these cases well.

We can even help you find a suitable attorney across Arizona lines. You can submit a request online or call us now at (866) 345-6784.

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.