How Do You Sue for Medical Malpractice?

If you’ve been seriously harmed by a doctor, nurse, or healthcare professional, you might be wondering, can I sue for medical malpractice? In Arizona, you can, if you can show that the provider failed to meet the accepted standard of care and caused you harm as a result. But proving it isn’t always simple.

To sue for medical malpractice, you must file a claim against a licensed healthcare provider, submit a preliminary expert opinion from a qualified medical professional, and prove the provider’s actions fell below the accepted standard of care. You’ll also need to file within Arizona’s statute of limitations, which is typically two years from the date of injury or discovery of the harm.

To prove medical malpractice in Arizona, your case must show that the provider owed you a duty of care, breached that duty through negligent or harmful actions, and directly caused your injuries or damages. This is where having an experienced medical malpractice attorney can make all the difference.

Usually, we can trust doctors and nurses to keep us safe and healthy–but healthcare professionals are human too, and make mistakes. What happens when their mistakes change your life for the worse?

You can sue for medical malpractice by hiring the best medical malpractice attorneys at Gage Mathers. The healthcare provider you file against must be licensed in your state and you must file for a preliminary expert opinion before you file your entire claim. Make sure you file before the statute of limitations expires and submit all evidence that proves the healthcare provider had a duty to provide a standard level of care and that they did not uphold that duty.

What Is Medical Malpractice?

Medical malpractice happens when a patient is harmed by a healthcare professional or hurt as a result of their neglect. If you were harmed in any way as a result of a healthcare provider’s actions or negligence, you may have a medical malpractice case.

A few examples include:

• Misreading lab results
• Administering or prescribing an improper medication or dosage
• Discharging a patient too early
• Misdiagnosing an illness

If you experienced any of these things from a healthcare professional and have suffered injuries or losses as a result, you should talk to a Phoenix medical malpractice attorney.

How to Sue for Medical Malpractice in Arizona: Step-by-Step Guide

Hire a Medical Malpractice Attorney

What does a medical malpractice attorney do? Medical malpractice attorneys are lawyers who work mainly with cases involving medical malpractice. This means they know the laws around these cases like the back of their hands, are connected to experts who can provide testimony to your case, and can help you get the money you deserve following medical malpractice.

File Against the Licensed Healthcare Provider

In Arizona, you can file a medical malpractice lawsuit against any licensed healthcare provider, including doctors, physical therapists, pharmacy technicians, dentists, and nurses. These are not the only professionals you can file against, though, so consult with your attorney and provide evidence of every healthcare professional who treated you when you experienced the malpractice.

File a Preliminary Expert Opinion

These lawsuits can sometimes be challenging to provide evidence for. How you can prove medical malpractice is by working with an expert in the same field as the professional you are filing the lawsuit against.

Arizona has a special rule that requires you to file a preliminary expert opinion before you can officially file your lawsuit. This means you need to file your complaint alongside an expert’s opinion on your complaint. The expert opinion should explain the factual basis for your complaint, including the mistakes or neglect the healthcare professional you’re suing committed.

This rule exists to lower the amount of baseless claims that can be submitted. By hiring a medical malpractice attorney from the jump, you can find an expert opinion easier.

File Before the Statute of Limitations Is Up

If your claim is accepted, you need to officially file your lawsuit before the statute of limitations expires. In Arizona, you typically have two years to file your suit unless the malpractice occurred to a minor, was a result of a surgery, or the damages were not apparent on the date the malpractice happened.

What Are Damages?

In Arizona, there are two types of damages in medical malpractice cases: actual damages and punitive damages.

Actual damages are the costs of any extra treatment you need as a result of the malpractice, any loss of wages or future wages, and pain and suffering.

Punitive damages, on the other hand, are given when the malpractice is a result of reckless or intentional behavior from the healthcare professional. An example of recklessness would be a surgeon leaving surgical tools inside of a patient’s body after a surgery. Intentional behavior could be a nurse knowingly administering bigger doses of a sedating medication to a patient.

How Long Will the Lawsuit Take?

The timeline of your lawsuit depends on many things–namely your injuries or damages, your legal team, and how the healthcare worker’s legal team handles the case. Many times, these cases are handled outside of court through insurance companies. Other times, the case goes to court and can take years.

This doesn’t mean you shouldn’t seek justice or the money you deserve. At Gage Mathers, we’ve dedicated our careers to supporting victims like you so you can get back to living your life.

We don’t charge you a single fee until we win your case for you, and we’re available to you 24/7 to answer questions. Contact us today to see what money you may be entitled to!

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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