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Medical Malpractice

Medical Malpractice

Medical malpractice is the failure of a doctor, hospital, nurse, technician, pharmacist or other health care provider to uphold good and accepted medical techniques or principles. Failure to provide at least average standard care is substandard care. If it results in injury or death to the patient, it is malpractice. Though the actions do not rise to the level of a crime, they can be cause for a medical malpractice lawsuit.

There are statutes of limitations for filing medical malpractice lawsuits in Arizona, so it is important to protect your rights. You should seek legal help as soon as you suspect negligence has played a role in your injury or the loss of a loved one.

 

Some examples of medical malpractice are:
  • Missed or delayed diagnosis
  • Lack of informed consent
  • Surgical errors
  • Post-surgical care errors
  • Hospital negligence
  • Birth injuries
  • Medical device errors
  • Medication or pharmaceutical errors

For over 20 years, lawyers at the Khalidi Law Firm, PLLC have successfully fought for victims of medical negligence and malpractice in Arizona. Our litigation team has an outstanding record of success that has earned us the respect of both our peers and adversaries.

We understand that a lawsuit will not reverse the harms caused by a medical mistake; however, it is important to take legal action to ensure that all wrongdoers are held accountable for their mistakes.

Medical malpractice cases are handled on a contingency fee basis. There are never any out-of-pocket expenses and we receive no attorney fees unless we secure compensation for your injuries.

How do I know if I have a medical malpractice case?

You may have a case if you or a loved one was severely injured or killed because your doctor, nurse, nurse’s assistant or other medical professional failed to provide you with the appropriate care or treatment. An experienced medical malpractice lawyer can help you to determine if your potential claim constitutes negligence.

Who is liable for medical malpractice?

Any medical or healthcare provider, including physicians, nurses, therapist and other, who have caused injury to a patient because of professional negligence or substandard care may be named as a defendant in a lawsuit.

Their employer (hospital, HMO, nursing home, professional corporation, etc.) may also be sued.

What must be proven in a medical malpractice lawsuit?

A plaintiff in a medical negligence case must establish through evidence that: 1) The defendant was negligent (rendered substandard care); 2) The negligence was a proximate cause of injuries; or, 3) The plaintiff suffered damages as a result.

All three elements must be proven. Expert testimony is almost always required to prove negligence and causation of damages. Licensed physicians who are familiar with the standard of accepted medical care for the medical specialty involved are required as witnesses to prove the case. The experts must establish what the standards were and how the defendant violated them and what damage was caused by the substandard care.

How long does it take to resolve a medical malpractice case?

It is impossible to predict exactly how long it will take to resolve a medical malpractice case. Some cases are decided within a year or two while others take upwards of four years until they are concluded.