Competent Medical Malpractice Attorneys Serving Texas, Colorado, New Mexico, California, Utah & Arizona Clients
You have a valid expectation of safety and care when you seek medical attention from licensed professionals. When you follow a doctor’s orders or go in for surgery, you are trusting them with your health and well-being.
When that trust is breached and you end up suffering a severe injury as a result of malpractice, you have certain rights to pursue compensation for your medical bills, pain and suffering, and loss of wages that may result from your injury.
At Rabb & Rabb, PLLC we understand that dealing with the harm inflicted by someone you trusted to care for you can be difficult. We work tirelessly to ensure our clients are legally vindicated following an incident, and we’ll stand by you until you get every penny you deserve.
What is Medical Malpractice?
Medical malpractice is defined as civil court action taken by a patient against a healthcare provider when the provider fails to provide adequate treatment to the patient, resulting in a personal injury. The patient or someone acting on behalf of the patient must prove that the healthcare provider is at fault for the injury, typically in the form of a report containing an opinion from a qualified physician. Medical malpractice can stem from either a medical action taken or a failure to take a certain necessary medical action.
Certificate of Merit Requirements in Arizona
In order to successfully win a medical malpractice suit, proof of negligence is required by the injured party. In Arizona, this is called a Certificate of Merit, and it must include an official written opinion from a qualified physician who has reviewed the patient’s case and agrees that negligence was involved during treatment. The certificate is more detailed than that, and your personal injury attorney can help you gather everything you need to support your case.
Compensation for Medical Malpractice
There are two types of compensation typically awarded in medical malpractice cases. Actual damages, which are the costs of treatment for the injury, loss of wages resulting from the injury, loss of future wages, and pain and suffering. Often there are also punitive damages, which are awarded when the injury is caused by the “reckless or willful behavior” of the physician. You may be entitled to win one or both of these damages, though each case is unique. Working with a certified lawyer is your best bet for a successful case.
Arizona Statute of Limitations
There is a time limit on how long you can wait before filing for medical malpractice. Some of these statutes can be complicated, however, as there are different deadlines for different situations. In Arizona, the standard deadline is two years from the time the injury occurred. If you miss this deadline, you forfeit your right to sue for medical malpractice. There are several exceptions to this rule, however, such as the discovery rule, which states that a victim who could not reasonably have known of the injury may be granted an extension for filing. Minor children, a practitioner leaving the state after the incident, or certain mental incapacities may also be exceptions to the general statute of limitations.