Getting medical help is necessary when you’re experiencing an illness or injury that you can’t mend on your own, but it can be intimidating to put that trust in the hands of another person. Even though medical professionals are highly trained and most of them provide you with the best care possible, there’s the chance that they could make a mistake that leaves you worse off than when you entered the office or hospital.
Our Gilbert, AZ medical malpractice lawyer is here to help you stand up for your rights and get justice for what you experienced. Suffering from injuries when you’re already vulnerable and hurting can be devastating. That’s why we’re dedicated to holding the negligent doctor, nurse, or other healthcare provider responsible for what they’ve done—you shouldn’t have to worry about the care you receive when you’re already not feeling your best.
At Buckingham Barrera Vega Law Firm, we have experience representing victims of medical negligence. We understand how you must be feeling and will take care of the legal side of things for you so that you can focus on your physical and emotional healing.
Arizona Med Mal Claim Requirements You Should Know
Building a medical malpractice claim can be intimidating. Your lawyers will look at your medical records, billing information, missing wages, and any other physical, emotional, or financial tolls you suffered so they can piece your situation together and determine what happened and who was at fault. In this process, there could be many steps and aspects that need to be evaluated in order to build the strongest claim possible.
As mentioned, your documentation of what happened will be incredibly important. But sometimes your records don’t show the full picture of what you experienced. This can be difficult because in order to build your claim, you’ll need to provide a full account of what you suffered, how it broke the duty of care, and what a medical professional should have done in that same situation.
That’s where your attorney will decide whether or not they’ll consult a medical expert and have them testify on your situation to support you. If you will have a medical expert option, however, your lawyer will need to file a certification that you’re using their testimony to prove the other party was negligent. If they don’t take the time to file this certification, the medical expert’s opinion will not be permitted.
On your own, you likely wouldn’t have known this requirement, which means you wouldn’t be able to file a comprehensive claim and prove you experienced negligence from a medical professional. That’s why you need the help of our Gilbert, AZ medical malpractice attorney. We know the ins and outs of the claims process so that you get the best outcome possible.
Statute of Limitations and Possible Extensions in Med Mal
When you’re filing a med mal claim, it’s important to know the time limits you need to follow so that you can be sure your case will be accepted. If you miss this timeline, known as the statute of limitations, your claim likely won’t be considered, and you’ll have no chance at recovering the compensation you deserve for your injuries and other damages.
In Arizona, the statute of limitations for medical malpractice claims is two years from the date the negligent action occurs. This means that you only have two years to file a legal claim against a negligent doctor after their error, and if you take longer than two years to file, your case will most likely be thrown out.
There are some ways that your timeline can be extended, though. Arizona follows the discovery rule, which means if a patient doesn’t realize they experienced medical negligence and suffered an injury at the hand of a healthcare worker until later, then their clock starts when they discover the injury or when they reasonably should have discovered the injury.
This can be complicated, which is why you should have our Gilbert, AZ med mal lawyer on your side. We can help you figure out how the statute of limitations and the discovery rule apply to you.
Additional factors could extend your statute of limitations as well. If the patient was a minor, they don’t have the mental capacity to file a claim, or if the health care provider is from out of state, then the timeline could be tolled, or paused. Again, having a med mal attorney is vital here because their expertise will help you evaluate how long you have to file and the steps you need to take.
Different Types of Medical Negligence You Could Experience
Knowing all the laws and requirements surrounding your claim is important, but it all comes down to what you experienced. The negligent action that caused your harm is what you’ll need to prove in order to have a successful claim from the beginning. That’s why it can be beneficial to understand the different types of medical negligence that can occur so you can pinpoint exactly what happened to you.
Here are some of the most common medical errors that you could have experienced and led to you filing a lawsuit against a practitioner or healthcare provider:
- Misdiagnosis
- Missed diagnosis
- Prescription errors
- Allergic reactions
- Misinterpreting charts
- Misinterpreting test and results
- Wrong-site surgeries
- Other surgical errors
- Anesthesia errors
- Birth injuries
These are just some of the different scenarios you could have experienced in your time under the care of a negligent practitioner. If you don’t see what happened to you listed above, don’t worry. You still could have a med mal claim. Our Gilbert, AZ medical malpractice attorney is here to answer all your questions and help you take legal action.
Get Representation from Experienced LawyersÂ
Suffering from medical malpractice is devastating. In your most vulnerable time, you’ve been harmed even further. Our Gilbert, AZ medical malpractice lawyer at Buckingham Barrera Vega Law Firm understands how you feel. That’s why we’re here to help you.
We are here to represent the victims of med mal so they can get the justice they deserve. We’ll fight to get you full and fair compensation so you have the best chance possible at returning to your normal life. Reach out to us today so we can schedule your free consultation.
