Each medical malpractice case is different, and winning a malpractice lawsuit depends on your unique circumstances. In some instances, medical malpractice may be obvious and easy to prove. In others, it may require a significant investment of time and a law firm's resources to investigate and prove malpractice.

If you’ve suffered serious injuries from medical malpractice, consider speaking with an experienced personal injury lawyer to determine if you have a compelling case.

Defining Medical Malpractice

Medical malpractice happens when a doctor, hospital or a healthcare professional causes injury to their patient through negligence. There are many potential scenarios of medical malpractice, but some of the most common examples include:

• Surgical errors
• Premature discharge from hospital
• Misdiagnosis
• Improper prescription medication
• Wrong dose of medication
• Inadequate aftercare
• Failure to recognize symptoms
• Overlooking patient history
• Birth injury
• Failing to update patient progress

In Arizona, you can file a medical malpractice lawsuit against the following licensed healthcare providers:

• Doctors
• Nurses
• Physician assistants
• Pharmacists
• Dentists
• Dental hygienists
• Physical therapists

How to Establish a Medical Malpractice Claim

In the event of medical malpractice, the burden of proof lies solely on the plaintiff (the person filing a claim). This means your claim won’t be valid unless you can establish these elements:

• You and your medical provider had a doctor-patient relationship
• The medical provider had an obligation to provide a medical standard of care
• The doctor or other healthcare professional did not uphold this obligation
• The breach of care lead to your injury
• Your injury caused your damages, such as physical and mental pain, medical expenses, disability, disfigurement or loss of work

If your attorney can’t negotiate a fair settlement with the health care provider’s malpractice insurance provider, your lawsuit will need to go to trial. Your attorney’s job will be to convince a judge or a jury your injuries are a direct result of the medical provider’s negligence.

Your lawyer will have to support your arguments with concrete evidence, such as testimony from experts, medical records, medical expenses, proof of lost wages and proof of other life-altering effects of the injury.

In fact, your medical malpractice lawsuit won’t take off unless your attorney can present a preliminary medical expert opinion proving there is validity to your claim. Failure to do so will result in your case being dismissed. The requirement is meant to weed out unfounded claims, which take up a lot of time and result in higher medical malpractice insurance premiums for medical professionals.

Is There a Cap on Medical Malpractice Damages?

Arizona law doesn’t impose a cap on the amount in damages you can recover from your medical malpractice lawsuit. Typically, the damages available in a medical malpractice case boil down to two types: actual damages and punitive damages.

Actual damages, as the name suggests, refer to actual expenses and losses you incurred, like medical bills, physical therapy or lost wages. Punitive damages are awarded if the defendant had animosity toward the plaintiff and injured them intentionally or was criminally negligent.

Is There a Time Limit for Pursuing a Medical Malpractice Lawsuit?

In Arizona, the statute of limitations for medical malpractice is two years. This means most claims must be filed within two years of the date you discovered your injury. There are some exceptions to this rule. For instance, if the plaintiff was a minor when they suffered the injury, the statute of limitations doesn’t accrue until they turn 18.

If you’re considering filing a medical malpractice claim, consult a personal injury lawyer as soon as possible to avoid running out of time. If your case ends up going to trial, it may take several months before it can be resolved.

Find the Right Attorney for your Medical Malpractice Case

Having your trust broken and your health compromised from medical malpractice can be a devastating experience. You deserve to be compensated for your losses, especially if they’ve caused you to endure life-altering consequences.

At PHX Elite Lawyers, we believe we have found some of the most qualified personal injury attorneys in Phoenix. You can get a free consultation with a medical malpractice lawyer by contacting one of the lawyers listed on our website.