A Hospital Malpractice Lawyer Phoenix AZ Explains Malpractice
The reality for victims of medical malpractice can be dark at times, especially when there’s nowhere to turn. It can be confusing and scary to be faced with the repercussions of your doctor’s negligent behavior. Knowing the right course of action can be convoluted for those who are not well versed in this legal area of practice. By obtaining the services of a Phoenix AZ hospital malpractice lawyer from Rispoli Law, PLLC, you can rest easy knowing that an experienced professional is leading the charge.
Initial Steps in Building Your Case
When it comes to your case, having a clear path of the steps you must take outlined for you by Rispoli Law, PLLC can help ease your mind. With your hospital malpractice lawyer’s assistance, you can feel confident in knowing that you are taking the right steps in building your case. The following are helpful and important early steps you can take following your injury:
- You will want to contact a Phoenix AZ attorney who has experience in medical malpractice cases. They can help make sure that you take the right steps and that you do not do anything that could be damaging to your case.
- It may make sense to reach out to your doctor and ask what went wrong. This will not only give you their account, it could also resolve the problem in the event that there was a miscommunication. They may even be willing to provide you with treatment to help remedy the injury.
- File a complaint with the licensing board for medical professionals.
- You may need a certificate of merit. This is confirmation that the doctor who treated you was negligent.
- Another doctor will review your case and determine if you are just in your case.
You will want to be sure that you act quickly and within the statute of limitations for your case. Rispoli Law, PLLC can help you navigate this process in a timely manner.
How Do You Prove Medical Malpractice?
Medical malpractice occurs when a medical professional such as a doctor, surgeon, nurse, or technician does not provide the standard of care that a competent medical professional of comparable experience and stature would have. Proving medical malpractice can be a difficult thing to do because there is always a certain amount of risk involved with any trip to the doctor.
Medical professionals are commonly sued for medical malpractice because they have either:
- Failed to diagnose a patient
- Delayed a diagnosis in a patient
- Were negligent during a surgery (for example, using instruments that were not sterile, leaving medical supplies inside of a patient or administering the wrong amount of anesthesia),
- Gave improper treatment
- Did not get consent from the patient
When the patient is caused harm as a result of these actions, it is possible to proceed with a malpractice suit. However, there are a few things that you must prove first:
- You must prove that there was a doctor-patient relationship. When suing a doctor, you must prove that you hired the doctor and the doctor agreed to be hired. This is important because it prevents people from suing doctors whose advice they overheard or got secondhand. This is important because if a consulting physician did not treat you directly, you’ll have to prove that there was a physician-patient relationship between the two of you to proceed.
- You must prove that the doctor or medical professional was negligent. Proving that a medical professional was negligent in connection to your diagnosis or treatment is the next step. You cannot proceed with a malpractice claim if you are simply unhappy with your treatment or diagnosis. You must show that your doctor caused you harm in a way that a competent doctor of the same education, experience, and circumstance would have done. You do not have to prove that your doctor should have been the best or better--simply that he should have been skillful and careful. Most states require a medical professional to testify to speak to the standard of care that the patient should have received and how the doctor deviated from that standard of care.
- You must prove that the negligence caused you injury. Malpractice cases are tricky because oftentimes the patients are already sick or injured and must prove that it was the doctor that caused the harm. This is, once again, where a medical expert would come in to testify that the doctor’s negligence, not the disease or injury, was what caused the patient harm. A hospital malpractice lawyer in Phoenix, AZ can examine your case closely to determine where negligence may apply.
- You must prove that there are damages in the case. A patient cannot sue for malpractice, even if the doctor was negligent, if they did not suffer any harm. In order to sue, the patient must prove that they were physically injured or in pain, mentally affected, financially affected (if out of work as a result of the injury or pain) and had to pay higher medical bills.
It can be difficult to navigate your way through a medical malpractice case without an experienced hospital malpractice lawyer Phoenix, AZ to guide you. At Rispoli Law, PLLC, our attorneys have the experience to give you legal advice and direction when it comes to your individual needs.
Damages are the award you can request in a lawsuit for the injury you experienced. In most cases, damages come in the form of financial compensation. Taking a look at your losses and determining the total damages you should request can be overwhelming. A Phoenix AZ hospital malpractice lawyer will be helpful in valuing your case. The following are examples of damages you make seek in a case of medical malpractice:
- Wages: The help of a hospital malpractice lawyer will be vital because you will need to determine all lost wages. This may include past wages while you were recovering and future earning potential in the event that your injury impacts your ability to work.
- Medical expenses: this could include the expenses from the initial recovery from the injury but also ongoing medical treatment and future care that may be required.
- Pain and suffering: This, along with emotional distress, can be one of the most difficult things to predict. In the event that there is a jury, the award may be contingent upon how they feel about you when you testify.
It can feel incredibly isolating to suffer injuries at the hands of your doctor. Allow for us to assist in determining if your case warrants further legal action. Rispoli Law, PLLC will partner with you through the entire process to help ensure that you are supported every step of the way. Contact a hospital malpractice lawyer Phoenix AZ clients trust to schedule a complimentary consultation. We are ready to put our experience to work for you.
A Hospital Malpractice Lawyer in Phoenix Arizona Answers Your Medical Malpractice FAQs
Medical malpractice is an exceptionally scary thing. When you go to a doctor, you trust them with your health and well-being, and it can feel scary and overwhelming when you find out something has gone wrong at the hands of a doctor or a nurse.
If you have been a victim of medical malpractice, you may not know where to start when it comes to contacting a Phoenix, AZ hospital malpractice lawyer and filing a claim. Here we have compiled and answered your common medical malpractice questions, in the hopes of bringing some clarity to your situation.
What Exactly Constitutes as Medical Malpractice?
Medical malpractice is defined as anything relating to the negligence of a medical professional in providing healthcare. This can include anything from a patient getting injured during surgery due to a mistake caused by a doctor, a nurse practitioner treating a patient with medical instruments or technology that has been recalled, or a doctor knowingly prescribing the wrong or expired medication.
If I Am Unsatisfied With the Results of My Surgery, Can I File a Medical Malpractice Claim?
No, patient satisfaction concerning surgical results is not an viable reason for filing a claim. This is because when a patient goes through surgery, they knowingly understand and agree to the fact that there are no guarantees of medical results. However, if your surgeon did something that caused more harm to you during surgery, such as not fastening stitches or closing up a wound properly, that can be a cause for a medical malpractice suit and you may want to contact a hospital malpractice lawyer in Phoenix, AZ.
Can I Sue the Hospital Where The Malpractice Took Place?
Generally, doctors are independent contractors and are not considered employees of the hospital where they perform surgery. You are unable to sue a hospital if this is the case. However, there are a few exceptions to this rule;
- If the hospital has given the doctor privileges to perform medicine.
- If the doctor or a hospital representative doesn’t explain to you that a doctor is not a contracted hospital employee. This tends to happen in emergency departments.
- If the hospital does not state in admissions forms that the doctor is a non-employee.
What Kinds of Damages Can I Be Awarded During a Medical Malpractice Claim?
Your hospital malpractice lawyer in Phoenix, AZ will fight for the compensation package you deserve. There are three types of monetary damages you can be awarded, depending on your case and situation. They are:
- General damages - these are defined as the compensation for the malpractice, including pain and suffering and loss of enjoyment of life.
- Special damages - defined as more specific damages relating to your case, these include repayment of medical and/or insurance bills, and reimbursement of loss work due to recovery.
- Punitive damages - meant to punish the medical professional, these damages are taken against the individual who was involved in your case. Punitive damages are exceptionally rare, and are typically only used when a patient was intentionally harmed or there was gross neglect.
What Should I Do If I Have Been a Victim of Medical Malpractice?
The first thing you should so is to contact an experienced hospital malpractice lawyer in Phoenix, Arizona. They will help you determine the specifics of your case, and can be great resources of the legal landscape from start to finish. Even if you are unsure if you were a victim or not, speaking to a lawyer will bring you clarity.
Working with a trusted Phoenix, AZ hospital malpractice lawyer can help to protect your rights and work to get you the compensation you deserve. Call the offices of Rispoli Law, PLLC to schedule a consultation with one of our trusted hospital malpractice lawyers today!
Misdiagnosed Medical Conditions
When you are exhibiting the symptoms of a medical condition, you may entrust your wellbeing to a doctor. You might even have the natural expectation that he or she will assess you correctly; thereby, diagnosing and treating the condition that is presenting you with the unpleasantness - be it physical or mental. For most people in this scenario, they will be sufficiently diagnosed and treated, but for some, their diagnosis will be wrong or even missed altogether. When this happens, and another doctor in the same field would not have made the same mistake, there may be grounds for a medical malpractice claim. Generally speaking, only a medical malpractice lawyer can help you to understand your legal options. Therefore, if you believe you or a loved one has been misdiagnosed or undiagnosed, please call Rispoli Law for a case review.
The Most Common Misdiagnosed Conditions
Doctors, and medical professionals as a whole, go through years of mandatory training and education. Even with many decades of experience, it is certainly possible for a doctor to make a mistake. Whether this action is made to do long hours, insufficient sleep, stress, or a bad choice, whenever a doctor makes a mistake, and it results is patient harm, it may be medical malpractice. One of the most common reasons for malpractice to occur is when a medical condition is not diagnosed correctly. This does not necessarily mean all misdiagnoses are malpractice, but when a condition should have been assessed better or tests should have been ordered, and were not, there may be grounds for a claim. As a medical malpractice lawyer for misdiagnosis, we know of cases that have involved:
Internal injuries or internal bleeding
Traumatic brain injury
Misdiagnosis a stroke or heart attack
Blood borne infection
Cancer is a complex medical condition that is not fully understood, but involves changes in the body's cells. If it is identified in its early stages, it may be stopped from spreading. In the event of a patient having cancer, but was misdiagnosed with another condition, they may have the right to file a medical malpractice claim. A misdiagnosis of cancer could be a result of:
Mistakes in a laboratory
Failure to order testing
Misinterpretation of lab results or test results
Failure to assess or reassess
Failure to refer a patient
Ignoring the symptoms
Any delay of a cancer diagnosis can lead to extensive pain, lengthy treatment, or death. If you believe your cancer should have been obvious to a doctor, or you otherwise should have been assessed for the possibility of cancer, but was not, and you were diagnosed with a less-serious medical condition, a medical malpractice lawyer may help to get you compensation for your losses.
For a consultation with a medical malpractice lawyer, please call Rispoli Law to speak with a legal advocate who can address your questions and concerns. We are here for you.
When should I file a medical malpractice claim?
Before agreeing to a settlement offer, contact our medical malpractice attorney for a free consultation to learn if we may be able to help you get a larger compensation package. If you sustained an injury or a worsened condition because of a negligent medical provider, call our office for a free case evaluation by an attorney who focuses on medical malpractice claims. Do not delay in calling us or you may risk missing the statute of limitations deadline, after which you will not be eligible to file a claim for your damages, regardless of the seriousness of your condition.
What is the statute of limitations?
A victim of an injury accident only has a certain amount of time in which to come forward and file a damage claim or file a civil lawsuit against the responsible party. The time limit begins immediately after the victim incurs their injury or else is diagnosed with a condition that they did not know they suffered. An example of the latter in the context of a medical malpractice claim is a patient who was misdiagnosed and did not receive proper treatment, resulting in their further suffering or dying. Though it is often a straightforward matter to determine when the statute of limitations begins, sometimes it is not. When you discuss your case with our medical malpractice attorney, they can advise you as to when your claim or lawsuit window will expire.
What is the goal of a medical malpractice claim?
When our medical malpractice attorney takes on a client, the initial steps will include collecting sufficient documentation and proof to substantiate their claim to recover damages. This may also involve getting depositions of people involved in or affected by the case. Ultimately, the goal of your medical malpractice attorney is to recover a settlement that is at least equal to the amount of your damages. For our efforts, you will not have to pay us until after you receive your settlement check.
When are medical malpractice damages deemed worthy of pursuing a claim?
As a general rule, the more serious the damage is, and the more costly it is to reverse (if possible), the more your claim will be worth to justify the time and resources needed for a medical malpractice attorney to build a solid case. Medical malpractice cases are often very challenging to win, which is why many legal firms avoid this area of the law. Rispoli Law has a successful track record in winning even the most difficult cases. Here is a short list of damages commonly associated with medical malpractice:
- Reduced or limited mobility or worse such as the total loss of ability to walk, run, or move.
- Pain and suffering.
- Worsened condition that may lead to a fatality.
- Surgical removal of the wrong limb or organ.
- Severe infection or fatal allergic reaction.
If you or your family member were the victim of medical malpractice, contact us to speak with a skilled hospital malpractice lawyer Phoenix, AZ trusts from our legal team.
"I used to work with Fred Rispoli at a large, global law firm before he opened his own practice. Fred worked for our corporate clients with diligence and integrity. Although he now focuses his representation on helping injured individuals, I know he brings the same compassion to his personal injury cases. I would highly recommend him."
There are multiple avenues for a medical provider to commit malpractice. Medical malpractice issues may include:
- Surgical errors
- Erroneous placement of surgical hardware or placement of inappropriate hardware
- Failure to diagnose, misdiagnosis or delayed diagnosis of condition
- Medication errors
- Anesthesia errors
- Birth injury, including negligent prenatal care
- Hospital-related malpractice (emergency room errors, hospital-acquired infections, premature discharge from facility)
- Radiology errors (failure to properly review x-ray, MRI, CT or PET imaging)
- Nursing home abuse and neglect
- Wrongful death caused by one or more of these issues listed above