Scottsdale Medical Malpractice Lawyer
Experienced Scottsdale Medical Malpractice Lawyers
Most of us put a great deal of trust in our doctors. These professionals are held to the highest standards to ensure that they do no harm to their patients. But in Arizona, in 2019 alone, there were 1,316 actions taken against health care providers in the state. As an experienced Scottsdale Medical Malpractice Lawyer, we know firsthand that many health care providers do not uphold the skill, expertise, and care that they owe their patients. Those patients often pay for it physically, financially, and, sometimes, with their very lives.
If you have been injured due to the substandard or unethical care of a doctor or other health care professional, you may be entitled to compensation for your injuries. At The Skiver Law Firm, we believe that doctors who fail to live up to the ethical standards of their practice and cause harm to a patient must be held accountable under the law.
How Common is Medical Malpractice?
You may think that medical errors are uncommon but a study put out by Johns Hopkins University in 2016 found otherwise. In fact, their findings indicated that medical errors were the 3rd leading cause of death in the United States. When a doctor fails to abide by established care in the diagnosis, treatment, testing, and follow-up of a patient, it can lead to injuries, complications, and even fatalities.
Many different behaviors by healthcare providers can be considered negligence under the law, and consequently, malpractice:
- Failure to consider a patient’s medical history
- Failure to get informed consent
- Failure to order testing
- Failure to recognize symptoms
- Failure to treat complications
- Failure to make a specialist referral
- Misreading or ignoring lab reports
- Performing unnecessary surgeries
- Performing the wrong surgery
- Surgical errors
- Prescribing the wrong medications or dosages
- Premature discharge
- Failure to perform follow-up care
- Wrongful birth
- Wrongful death
to just name a few.
A patient has the right to expect a level of care that is ethical, qualified, and to the standards of care of the provider’s particular field. When this doesn’t happen, a medical malpractice claim can be brought to prove that the health care provider did not perform to those standards and did not act in a way that was reasonable for a professional of their training and experience.
In order to prove medical malpractice, Arizona Statute § 12-563 requires proof
- That the healthcare 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.
- Such failure was a proximate cause of the injury.
Unfortunately, causation can be particularly difficult to prove. The provider’s malpractice insurance company often comes back to blame the patient for not following the doctor’s advice or can claim that the injury was due to complications. They have little incentive to pay a claim.
The law places the burden of proof on the injured party to prove that negligence was a factor in their injuries. If you have been injured by the negligence of a doctor or other health care provider, it is critical to have the assistance of a skilled Scottsdale medical malpractice lawyer offering professional legal guidance.
Comparative Negligence and Malpractice
Liability is determined by negligent actions. In Arizona, we recognize the legal concept of comparative negligence. If both parties contributed to the injury, each will be assigned their own percentage of fault. As the injured party, compensation will be awarded to you to the degree that the other party was negligent and responsible for your injuries.
Receive Compensated Through Our Scottsdale Medical Malpractice Lawyer
A successful medical malpractice lawsuit can compensate you for your medical expenses, your pain and suffering, and reduced quality of life in addition to other economic and non-economic damages. Although some states impose limits to the amount of compensation you can be awarded for medical malpractice, the State of Arizona prohibits caps in these cases. If you have been injured due to the negligence and substandard care of a doctor or other health care provider, contact the experienced Scottsdale medical malpractice attorneys at The Skiver Law Firm. We have dedicated our practice to innocent victims and their families. Contact us for a no-cost consultation to discuss your case. You pay no legal fees unless we recover compensation on your behalf.
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