When you’ve been hurt or you’re sick, you trust doctors and other healthcare professionals to figure out what’s wrong and promptly treat you so that you can get better. In ideal scenarios, that’s exactly what happens and you leave the doctor’s office or the hospital with the answers and treatment you needed. Unfortunately, that’s not every patient’s experience.
Sometimes practitioners make mistakes and are negligent, which leads to you suffering more injuries and damages as a result. In turn, you could use the help of a Chandler, AZ medical malpractice lawyer. We’ll help you get the justice you deserve for what you’ve suffered, and ensure that the medical professional is held accountable for their negligent actions.
Arizona’s Med Mal Laws
After deciding to take the steps to file a med mal claim, one of the most important aspects of your claim will be the state’s laws surrounding medical malpractice and how you need to file. Thankfully, your medical malpractice lawyer will be an expert in Arizona’s med mal laws and will be able to fully guide you through the claims process with these rules and regulations in mind. However, it’s still helpful for you to know these as well.
From the beginning of your claim, the statute of limitations will be a deciding factor of whether or not you can file in the first place. In Arizona, you have two years from the date of the injury to file a personal injury claim, which includes medical malpractice. If it’s been more than two years since the date of the instance of medical malpractice, then you might not be able to file. However, that’s not set in stone.
There are other rules in place that could extent that timeline for how long you have to file your med mal claim. One of those rules is known as the discovery rule. This rule means that you have two years from the date that you discover your injuries from the act of medical malpractice since sometimes you might not know they’re there until you feel the symptoms.
Other rules that could affect the time allowance you have for filing are for special circumstances that warrant a pause in the case. Some of the reasons that the med mal statute of limitations could be paused, meaning you have more than two years to file a claim, are when the patient was a minor, they don’t have the mental capacity to file on their own, and when the health care provider is out of state. Your med mal lawyer will be able to help you determine what rules and pauses apply to your claim.
Finally, you should know that Arizona does not have damage caps for medical malpractice claims. This means that you can recover the full economic and noneconomic damages you’re owed for what you’ve been through. Your Chandler, AZ medical malpractice attorney is here to help you file your claim and recover the compensation you deserve.
Expert Witnesses in Arizona Med Mal Claims
Another important aspect of your claim that your lawyer will be able to help you with is whether or not you’ll have an expert witness testifying for you. Med mal lawyers call expert witnesses to give testimony about what is the standard of care, what your practitioner should have done to align with that standard, and how their actions directly caused your injury.
From the moment you decide to file, you have to state if you’re including an expert opinion. Arizona legislature calls this preliminary expert opinion testimony against health care professionals.
If you have a medical expert testifying, you’ll need to include at least one preliminary affidavit from them that includes their expert opinion regarding the patient’s health, the care they received, any mistakes made by their provider, and what they believe should have been done in accordance with the standard of care.
This could seem confusing, which is why it’s important to have a Chandler, AZ medical malpractice lawyer on your side. We’ll be able to guide you through every step and ensure that you’re supported and following the requirements carefully.
Common Types of Medical Malpractice in Chandler, AZ
Distinguishing what type of medical malpractice you suffered from can help you with your claim as well. By pinpointing what happened, your lawyer can determine who was at fault and hold them fully accountable for their medical negligence. But first, they need to know which type or types of medical negligence you experienced that led you to file the med mal claim.
It’s important to note that medical malpractice does not include being dissatisfied with your care, but not having sustained further injuries from a healthcare worker’s negligence. There must be an act of medical negligence or an error that caused you harm and damages.
Here are some of the most common types of medical malpractice that happen in Chandler:
- Misdiagnosis
- Missed Diagnosis
- Misreading or Misinterpreting Test Results
- Medication Errors
- Surgical Errors
- Anesthesia Errors
- Early Release
- Birth Injuries
These are just some of the types of medical errors that are seen the most by lawyers, but if you don’t recognize what happened to you in this list, that doesn’t mean you didn’t experience medical malpractice. You very well could have sustained an injury from a medical error, which is why you should consult a med mal attorney.
Our Chandler, AZ medical malpractice lawyer is here to help you through your claim and answer all your questions. We can determine if what you experienced qualifies as a case.
You Can Trust Buckingham Barrera Vega Law Firm with Your Case
An act of medical malpractice can leave you feeling vulnerable and unsure of who to turn to. Our attorneys at Buckingham Barrera Vega Law Firm understand how this feels, which is why we’re dedicated to standing up for victims. Our Chandler, AZ medical malpractice lawyer is here for you through your claim and will handle your case with the utmost care. Reach out to our firm today so we can discuss your legal options.
