It is devastating to be under the care of a trusted physician and suspect there have been errors made in your case. Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.
To be considered medical malpractice under the law, the claim must have the following characteristics:
- A violation of the standard of care - The law acknowledges that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the standard of care. A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.
- An injury was caused by the negligence - For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.
- The injury resulted in significant damages - Medical malpractice lawsuits are extremely expensive to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that significant damages resulted from an injury received due to the medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.
Practicing Medical Malpractice Attorney in Phoenix, Arizona
Medical Malpractice Attorney
Examples of Medical Malpractice
Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:
- Failure to diagnose or misdiagnosis
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Surgical errors or wrong site surgery
- Improper medication or dosage
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms
Birth Injury
At Burch & Cracchiolo, our attorneys in the practice area of Medical Malpractice understand the complexities of these cases and are equipped to pursue a legal claim to hold the responsible parties accountable for their negligence. Our attorneys are dedicated to providing compassionate and effective representation to help families seek justice for their child and to secure the necessary resources for their child’s care and future.
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Catastrophic Injury
At Burch & Cracchiolo, our attorneys handle cases of catastrophic injuries caused by healthcare provider's negligence. We investigate the medical care provided, identify responsible parties and pursue legal claims. We work with medical experts to evaluate injuries, understand long-term consequences and financial impact on the patient and their family. We provide representation to help clients seek justice and secure necessary resources for their care and future.
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Malpractice Wrongful Death
In the context of wrongful death claims in medical malpractice, the families of the deceased may seek compensation for their loss, including but not limited to expenses related to the medical care leading up to the death, funeral expenses, loss of income and benefits, and loss of companionship or support. Our attorneys are dedicated to helping families seek justice and obtain the compensation they are entitled to.
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Delay/Incorrect Diagnosis
Delay or incorrect diagnosis in the context of medical malpractice refers to a situation where a healthcare provider fails to correctly diagnose a patient's condition or delays in providing a correct diagnosis. This can occur when a healthcare provider fails to properly interpret test results, misinterprets symptoms, or fails to order the appropriate tests. With the help of medical experts, we evaluate the impact of the delay or incorrect diagnosis on the patient's health and help patients secure the resources they need for their care and future.
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