What is the Process of a Medical Malpractice Claim?

What is the Process of a Medical Malpractice Claim?medical malpractice attorney Phoenix, Arizona

If you or someone you know has suffered an unnecessary injury as a result of your doctor’s action or inaction, you may want to speak with a medical malpractice attorney Phoenix, Arizona to understand your options. In this article, the team at Rispoli Law, PLLC explores commonly asked questions in an effort to explain the process required in a medical malpractice claim.

How soon should you file your claim?

A medical practice claim is time-sensitive and should be filed as soon as possible. The time-frame varies from state to state but is typically six months to two years from the time of injury. If the patient files too late, the court will likely dismiss the claim despite the facts or circumstances. Don’t delay in calling a medical malpractice attorney in Phoenix, AZ.

What is a medical malpractice review panel?

Many states require the patient to present the case to a medical malpractice review panel prior to going to court. If the state does not require such a panel, either party may request one. The review panel is asked to look at a written report from both parties, evidence, medical reports and depositions including expert testimony in order to determine whether the case should go any further. Most states require the medical panel to consist of an attorney to act as chair during the review process and three health care providers in the same or similar area of medical practice.

What do you have to prove?

In order to have a case in the first place, you must be able to prove four basic facts:

  1.       That a doctor-patient relationship exists. You will need to prove that you received treatment from the doctor identified in the claim.
  2.       What the standard of care should be and that the doctor violated that standard.
  3.       That an injury occurred.
  4.       The injury that occurred was the result of the doctor’s negligent action or inaction, with respect to the standard of care.

What is a standard of care?

The basic definition of “standard of care” refers to the general guidelines of treatment within a specific scope of service. Those guidelines are generally determined by evidence-based practices and professional opinions. The standard of care sets up a platform for reasonable, ethical and skilled standards that should be followed by professionals within that particular field.

What purpose does a medical witness serve and is it necessary to have one?

The expert medical witness testimony helps to establish the framework of acceptable standard of care. In addition, he or she can provide a general idea of what is considered reasonable decisions and skill in that particular medical circumstance. In doing so, the medical witness will also be in a position to confirm or rule out the possibility of the doctor acting in a negligent manner.  Most states require at least one medical witness testimony in a medical malpractice case. Rispoli Law, PLLC are a trusted medical malpractice attorney in Phoenix, AZ with vast community connections to local experts.

If you are considering filing a medical malpractice claim, it is advised that you consult with an experienced medical malpractice attorney Phoenix, AZ to assist you in this complicated and potentially expensive process. A process that is heavy with lawyers, court fees, expert witnesses and pressure to dismiss or settle. In addition, it is important to understand the state laws regarding your claim.

The team at Rispoli Law, PLLC stands ready to listen and understand what you and your family have endured. Call a medical malpractice attorney that Phoenix, AZ trusts — Rispoli Law, PLLC is here for you.