Medical Malpractice in Mesa, AK

Mesa residents put their faith and trust in the medical professionals that they approach to treat their ailments. Most times this trust is earned and rewarded. However, there are times when someone’s life is severely altered for the worse due to medical malpractice or negligence.

If you or a loved one has been the victim of medical malpractice in Mesa, you have rights that you can stand on. And an experienced Mesa attorney can help you enforce those rights.

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

The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Mesa, AK medical malpractice lawyer can guide you through this entire process.

While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.

• There was a working relationship between the doctor and the patient. 
• There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
• There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
• The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that a patient can sue for currently.

According to the Arizona State Legislature, social security, income disability, and accident insurance are all admissible when filing a medical malpractice claim. When filing such a claim you’ll need to prove that your healthcare provider owed you a duty of care, and that they violated that duty, either through negligence or malfeasance. Finally, you’ll have to show that you incurred injury from the violation, and that injury has led to damages in your physical, mental, and emotional well being.

Hospital Responsibility

You may wonder if you can also sue the Mesa hospital or facility where the doctor works. In most situations, you cannot sue a hospital for the malpractice of a doctor. Most doctors are independent contractors, which absolves hospitals from liability. Nurses and other hospital staff are direct employees, so if the malpractice occurs through one of them, then there are grounds to sue the facility. So, unless the doctor is directly employed by the Mesa, Arizona hospital or facility, they are not liable.

The Varying Types of Medical Malpractice

As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:

• Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
• Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
• Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the medical procedure or treatment.

There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:

• Misreading or ignoring test results from the lab
• Making surgical errors
• Not following up properly or not offering adequate post-care
• Performing unnecessary procedures or surgeries

Damages Available in Mesa, AK

There are three types of damages a court will award for medical malpractice.

• General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
• Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
• Special Damages – Damages for expenses from medical bills and lost wages

Mesa residents filing medical malpractice claims are not constricted by damage caps. The State of Arizona has crafted laws that prevent any types of damage caps in these cases.

Statute of Limitations

Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.

There is a 2 year statute of limitations surrounding injuries incurred from medical malpractice. If you allow this timeframe to lapse, you may encounter several difficulties in finding justice or restitution.

Medical Malpractice Review Panels

In some states, you must first submit your claim to a review panel of medical experts. The panel hears the evidence and expert testimony to decide whether malpractice occurred. Keep in mind, their decision does not equate to a court’s decision, but the panel is often a necessary step in building toward a lawsuit. Furthermore, it can lend significant credibility to a claim. The findings of the review panel will make their way to court, and the court often references them to influence its ruling.

Mesa residents are required to submit a health plan appeal before they file a complaint with the state’s medical board or the Arizona Department of Insurance. Once the complaint is received and vetted, an investigation will occur into the specific circumstances of your claim. If your claim is upheld you can be eligible for financial restitution and punishment such as suspension or the removal of medical license could be doled out to those involved.

Do I Need to Hire an Attorney?

Medical malpractice claims in Mesa, Arizona can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney or an attorney in Mesa that has a focus on medical malpractice.

A medical malpractice attorney in Arizona can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:

• Build your case
• Collect important evidence
• Find expert witnesses to testify on your behalf
• Help you prepare for the malpractice review panel
• Take your claim to court

Work with an Experienced Local Lawyer in Mesa, Arizona

Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Mesa attorney who is familiar with such cases. We can even help you connect with an attorney across Arizona state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!