A Medical Malpractice Attorney Phoenix AZ Discusses Merits of a Malpractice Case
A Medical Malpractice Attorney Phoenix AZ Trusts Explains Merits of a Malpractice Case
When you are dealing with a medical malpractice claim, you likely need the help of a medical malpractice attorney in Phoenix, AZ. Intuition can be a powerful force. Even if you are unsure of why you may be feeling a certain way, if the feeling is strong enough, it likely has roots in some reality that is worth paying attention to. For example, if you have recently consulted a Phoenix, AZ physician, been treated for a condition, undergone surgery, or otherwise had a significant patient experience and something feels truly wrong, it may benefit you to pay attention to your intuition. If you or a family member has suffered an injury caused by a medical professional, contact our medical malpractice attorney in Phoenix, AZ today from Rispoli Law, PLLC. Our firm has represented members of the Phoenix community who were injured through no fault of their own. We can protect your right to compensation for damages from those responsible for your treatment related to an accident. It’s important to understand how laws regarding medical malpractice impact your right to recover your damages so that you can get the treatment you need for optimum recovery.
This is not to say that every negative feeling you may have about your patient care is rooted in something significant. Medical care in America is a challenging business and you may feel ill-at-ease for reasons that have nothing to do with a physician’s negligence. However, if your intuition leads you to discover that you have been harmed due to physician negligence, it generally wise to act upon that information. Not only may you be entitled to compensation for the harm that you have suffered, your actions may help to prevent others from suffering similar harm.
If you suspect that a doctor’s negligence may have caused you harm, please consider contacting a Phoenix medical malpractice attorney from Rispoli Law, PLLC. Having a confidential consultation with us will not compel you to take any legal action whatsoever. But if you suspect that you may have a cause of action, a free consultation will help you to make informed decisions about whether or not to file a claim. Our experience in the area of medical malpractice will help us to advise you about whether your situation may have been caused or impacted by medical negligence.
What is considered medical malpractice?
Medical malpractice happens when a healthcare professional fails to provide their patient with the appropriate medical treatment for their condition or provides inadequate or a lack of care. The result is that the patient suffers a worsening or additional condition, including death. There are up to 20,000 medical malpractice suits in the U.S. every year. Most of the time, a medical malpractice case revolves around a medical type of error committed by the healthcare professional. When you hire a medical malpractice lawyer from our firm, one of the first tasks will be to determine the nature of the error. It may involve one or more of the following:
- Diagnosis—The original diagnosis or a consequent one.
- Medication Dosage—One that is too much or too little for the patient or is harmful to them, or is the wrong kind for the known condition.
- Medical Treatment—The wrong kind or too much or too little. It predictably leads to more serious complications.
- Aftercare—Insufficient, incorrect, too much or too little.
Signs of Negligent Care
It can be difficult to know whether you have been harmed by a physician’s negligent care if you cannot point to a specific action or lack of action that led to your injury, illness or exacerbation of an existing injury or illness. However, there may be indicators of medical negligence present, if you know where to look. A Phoenix, Arizona medical malpractice attorney can help you look for these signs.
For example, did you suffer an infection following a surgery? Although many people suffer post-surgical infections that are not related to negligence, many such infections are caused by inadequate surgical hygiene. Another example of medical negligence may come in the form of a misdiagnosis. If your physician did not initially realize that you had cancer and the cancer spread significantly before your doctor realized what was going on, that failure to diagnose situation may have been caused by negligence. These are just two of an endless number of examples of how medical negligence may contribute to a patient’s suffering.
If a doctor made an error when it came to a diagnosis or treatment plan, a patient can suffer potentially life-threatening symptoms as a result of the mistake. The health of the patient can greatly worsen due to the oversight. Medical malpractice cases can get tricky and become more complicated than you may expect.
That is why the help of a Phoenix, AZ medical malpractice attorney at Rispoli Law, PLLC can be useful, as a professional can offer sound legal advice during this turbulent time. We are committed to helping patients seek compensation for medical negligence and will work diligently to help you obtain financial retribution.
What is not considered medical malpractice?
A patient’s physician or healthcare provider is not liable for all health considerations all of the time under all circumstances. As a practical example, if a person develops cancer and seeks treatment from their caregiver, if they subsequently pass away from the cancer, it is unlikely that their surviving family members could successfully sue for medical malpractice. However, if the patient suffered from cancer in one of their lungs and the surgeon removes the non-cancerous lung by mistake, they could be held accountable for their error.
What is the criteria for filing a medical malpractice lawsuit?
When our medical malpractice attorney in Phoenix, Arizona meets with you, one of the goals may be to determine if your case meets the law’s eligibility criteria for a medical malpractice claim. The criteria varies slightly from state to state, but generally speaking your case must include the following aspects:
- The healthcare professional failed to provide the patient with the proper standard of healthcare. By law, the professional must adhere to standard medical care guidelines. If they fail to do this, they might be held liable for negligence.
- The patient suffered a serious injury as a direct result of the healthcare professional’s failure to provide proper healthcare.
- The resulting injury must be so serious that it causes the patient to suffer one or more of the following:
- Physical and/or emotional suffering
- Enduring hardship
- Chronic pain
- Significant loss of income due to being unable to work as a result of the
- A temporary or permanent disability
Medical Malpractice Explained
There are four elements that must be part of the event to help create a strong foundation for your medical malpractice case. The elements are briefly listed as follows:
- Existence of patient-doctor relationship
- Treatments, decisions failed to meet the medical standards of care, thus resulting in the doctor committing a breach of duty
- A connection of cause is present between the doctor’s negligence and the resulting harm to the patient
- There were physical damages and/or quantifiable harm done to the patient as a result of the breach of care
When Medical Malpractice Can Happen
The scenarios in which a doctor may commit medical malpractice is endless, but can most often occur regarding medicine, surgery, treatments, and diagnosis. A patient can be hurt if prescribed the wrong medication, given the incorrect dosage, allergies were not taken into consideration, or there was an oversight in dangerous interactions between the new and current medications.
A doctor can make a mistake during surgery by operating on the wrong area, leaving a tool inside the body accidentally or not closing up the incision site properly resulting in unnecessary bleeding and risking exposure to infectious bacteria.
Treatments that are not performed with a steady and accurate hand can leave the patient with a worsened condition. The choice of treatment may even be correct, but the manner in which the doctor administered it was shaky and faulty. An incorrect diagnosis can quickly become critical, particularly if the true condition needs a certain kind of treatment. A misdiagnosis can delay a patient from receiving the care needed in order to feel better or save their life.
Additional Questions for a Phoenix, AZ Medical Malpractice Attorney?
Every patient care situation is unique. As a result, it is often difficult to tell at first glance whether someone’s suffering is tied to medical negligence. However, our experienced approach will help you to determine whether you likely have a cause of action or not. If something feels wrong about your patient care situation and you may have suffered as a result of a physician’s negligence, please consider reaching out to our firm today.
Many patients choose to hire a medical malpractice attorney during their medical malpractice case due to how challenging a lawsuit can become. We highly recommend not going through the legal process alone. We can help you seek financial repayment for the negligence or carelessness when it came to your health care. We are happy to help you understand any legal options that may be available to you.
Do not let the at-fault doctor or medical staff member walk away without being held accountable for their actions. We do not believe you should have to suffer as a result of having faith in your doctor, who failed to meet the medical standard of care.
Call us today for a free consultation with a medical malpractice attorney Phoenix, AZ clients trust from Rispoli Law, PLLC.
"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