Do I Have A Medical Malpractice Case?

Do I Have A Medical Malpractice Case?

If you were injured because your healthcare provider was negligent in their care and treatment of you, you might have a medical malpractice case. Common signs of potential medical malpractice include: misdiagnosis or delayed diagnosis, medication errors, surgical errors, birth injuries, and anesthesia errors. To get a definitive answer, gather your medical records and consult with a medical malpractice attorney who specializes in these types of cases. 

Common Types of Medical Malpractice

Common types of medical malpractice include:

• Medication errors: Prescribing the wrong medication or an incorrect dosage, failing to warn about side effects or interactions, or administering the wrong medication.
• Anesthesia errors: Over sedating a surgical patient, failing to properly monitor a sedated patient, failing to respond to respiratory (breathing) problems.
• Lack of informed consent: A healthcare provider fails to inform the patient of the risks, benefits, and alternatives to a medical procedure.
• Delayed diagnosis/misdiagnosis: A doctor or nurse practitioner incorrectly diagnoses a medical condition, or provides a delayed diagnosis, leading to complications or death (e.g., failing to diagnose a surgical mishap, heart attack, stroke, or cancer).
• Surgical errors: Mistakes during surgery, such as when a surgeon uses contaminated tools, mistakenly cuts an unintended part of the anatomy, leaves surgical instruments inside the patient, or operates on the wrong body part. 
• Birth injuries: The healthcare providers fail to recognize signs of maternal or fetal distress, or respond too slowly, resulting in serious injuries. The healthcare providers choose the wrong birth process or negligently manage the birth process, resulting in serious injuries. 
• Premature discharge: Discharging a patient before their treatment is completed or when they should reasonably remain under medical observation.

What Is Medical Malpractice?

Medical malpractice is when a patient suffers harm, injury, or even death due to a breach of the standard care by a healthcare provider. A medical malpractice claim requires the patient to be injured due to the healthcare provider’s failure to act as a reasonably prudent provider under the circumstances. 

In a medical malpractice case, you need to prove four things:

1. Duty: Did you have a provider-patient relationship that required the healthcare provider to act in your best interests? 
2. Breach: Did the healthcare provider fail to provide a standard level of care expected for their role?
3. Causation: Did the healthcare providers’s negligent acts or omissions cause you an injury?
4. Damages: What harms and losses did you suffer as a result of the healthcare provider’s negligence?

Who Can I Sue For Medical Malpractice?

You can sue a healthcare provider, medical practice, or facility for medical malpractice. Any healthcare provider, such as a doctor, nurse, nurse practitioner, pharmacist, hospital, laboratory, or medical office, can be sued if their substandard care caused you an injury. Other potentially liable entities include medical device manufacturers if their products are defective and cause harm, pharmaceutical companies if their negligent drug design, manufacturing, or marketing causes you injury.

As far back as 2030 BC, ancient laws codified medical responsibility and held medical malpractice as a recognized wrong that must be remedied. Over time, these concepts evolved into modern tort law where any healthcare provider can be held accountable for their negligent acts and omissions. Some states have introduced hurdles or limitations on medical negligence claims, for unjust reasons; but the general consensus is that healthcare providers and corporate entities that profit from the delivery of healthcare should provide compensation when their preventable errors cause injury.

How Can I Sue For Medical Malpractice?

Medical malpractice cases are complex, complicated matters that require experienced litigators. If you think you might have a medical malpractice case, you should contact the best medical malpractice attorneys in Phoenix from Gage Mathers Law Group. We offer a free consultation or case review to help you determine if your situation is considered medical malpractice. If you have a case, we can help by thoroughly investigating and working up the case, filing a lawsuit, locating highly qualified experts to support your case, and fighting to get you the compensation you deserve.

Unsure if you have a case? Contact the medical malpractice experts at Gage Mathers today to see how our team can help you.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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