Surgeon upset over failed operation.

    Are you a victim of medical malpractice in Glendale, AZ? If so, you could be entitled to compensation for medical expenses, lost earnings, pain and suffering, and other losses related to the incident.

    The Glendale medical malpractice attorneys at Mushkatel, Robbins & Becker, PLLC have the knowledge and resources to help you pursue a malpractice claim against the medical provider or healthcare professional whose medical negligence caused your injuries. You should not be responsible for the cost of injuries due to someone else’s carelessness. Our attorneys have what it takes to help you hold the at-fault provider accountable for their actions.

    If you or a loved one suffered losses from a medical malpractice incident, contact our personal injury attorneys today for a free and confidential consultation to discuss your case and evaluate your legal options.

    What Is Medical Malpractice?

    Medical malpractice occurs when a medical professional or healthcare provider harms a patient by failing to provide a reasonable standard of care. When a medical professional does not provide the level of care that a similarly trained, reasonably competent professional would provide in similar circumstances, they may be legally responsible for the harm a patient experiences as a result.

    Medical malpractice commonly results in injury and death. One study from the Johns Hopkins University School of Medicine suggests that medical malpractice is the third-leading cause of death in the United States.

    What Are Some Examples of Medical Malpractice?

    Medical malpractice can take a variety of forms. Some common examples of medical malpractice include :

    • Failing to follow up with a patient after treatment
    • Misdiagnosis of a patient’s condition
    • Delayed diagnosis of a patient’s condition
    • Bedsores sustained in a hospital stay or by a nursing home resident
    • Prescribing or administering the incorrect medication to a patient
    • Prescribing or administering the wrong dosage of a medication
    • Failing to remove surgical tools or items from a patient’s body after surgery
    • Failing to order the correct tests for a patient
    • Prematurely discharging a patient 
    • Performing surgery on the wrong patient 
    • Performing unnecessary surgery
    • Failing to prevent the spread of deadly infections by using reasonable precautions
    • Performing surgery on the incorrect area of the body

    These are just some examples of medical malpractice. If you aren’t sure whether your case qualifies as medical malpractice, discuss the circumstances of your injury with a skilled Glendale, AZ medical malpractice attorney at the law firm of Mushkatel, Robbins & Becker, PLLC. .

    How Do You Prove Negligence in a Medical Malpractice Lawsuit?

    Proving negligence in a medical malpractice case can be challenging, which is why it’s essential to consult with an experienced medical malpractice attorney as soon as possible. To prove negligence in medical malpractice cases, you’ll need to show:

    • A physician-patient relationship existed. You can show that a professional relationship existed between you and the medical provider and/or healthcare professional who treated you through medical records or a record of your appointments with the doctor or facility where you received treatment.
    • The medical provider failed to provide an acceptable standard of care. Medical professionals who do not uphold the reasonable standard of care may have been negligent. An expert medical witness can testify about how the healthcare provider’s actions fell short of the standard of care.
    • Your injuries resulted from their gross negligence. You must have suffered some form of harm due to the provider’s medical negligence. You’ll need to prove that were it not for the medical provider’s negligence, you would not have sustained the injury.
    • You suffered losses as a result of the injury. You will also need to show that you suffered compensable losses as a result of the medical malpractice. Losses may include pain and suffering, hardship, lost income, medical expenses, disability, and more.

    Dissatisfaction with the results of a procedure or treatment alone does not constitute medical malpractice. To bring a successful medical malpractice claim, you must be able to show that a healthcare provider deviated from the expected standard of care, which caused you to suffer injuries and related losses.

    Surgical team working on a patient in operating room.

    Potential Compensation in a Glendale Medical Malpractice Case

    If you are a victim of medical malpractice, you could be entitled to recover compensation for losses related to your injuries. Some common types of losses you could recover compensation for include:

    • Medical expenses resulting from the medical malpractice incident
    • Lost earnings if you are unable to work due to your injuries
    • Lost earning potential if you are unable to return to your job due to your injuries
    • Physical and emotional pain and suffering from the incident
    • Punitive damages, though punitive damages are typically awarded only if you can prove that the defendant acted out of malice or willful misconduct.

    An attorney experienced in the field of medical malpractice can help you calculate and document your present and future losses to determine the full value of your case.

    Do Most Medical Malpractice Cases Settle?

    Yes, many medical malpractice cases settle before going to trial in a civil court. Medical providers and their insurers often prefer to settle because they know that if they allow a jury to issue a verdict, they may be facing a much higher judgment.

    Victims of medical malpractice are also often willing to settle before trial because the economic cost of medical expenses, lost wages, and more can quickly add up, causing patients to sink into debt. The legal process can go on for months or even years in some cases. Sometimes it makes sense to go to trial so victims can pursue the fair recovery they deserve. By settling, however, patients can get the money they need to cover their expenses faster. Accepting a settlement also avoids the potential outcome of a jury verdict in favor of the defendant.

    Negotiating for a settlement is a challenging process. It is imperative to involve an attorney who has the necessary skills to help you seek the fairest possible settlement.

    What Is the Statute of Limitations for Medical Malpractice Lawsuits in Arizona?

    In Arizona, the Statute of Limitations on medical malpractice cases is two years. That means that you have two years from the date you know or reasonably should have known that medical malpractice caused your injuries and related losses.

    Sometimes, injuries from medical malpractice don’t reveal themselves immediately. Once you are aware or should be aware that medical malpractice harmed you, however, the clock starts ticking. If you fail to initiate legal action within the two-year window, you will likely forfeit your ability to pursue compensation.

    Contact a Glendale Medical Malpractice Attorney for Help Today

    If you are a victim of medical malpractice in Glendale, AZ,  contact the Glendale medical malpractice lawyers at Mushkatel, Robbins & Becker, PLLC today. We offer a free, no-risk consultation. Our attorneys will review your case and help you weigh your legal options for moving forward. Contact us today.