The state of Arizona has specific laws that provide protection to patients in hospitals, long term treatment facilities, medical offices and in clinics. Knowing your rights as a patient if you believe that the medical professional or the hospital acted in a negligent fashion is the first step in seeking monetary compensations for damages that have occurred.
How Can A Hospital Be Sued?
In Arizona the hospital has a responsibility to ensure that its employees, which includes technicians, nurses, non-medical staff and on staff doctors use the correct and accepted standards of care when treating patients. In-house pharmacies are also the responsibility of the hospital and therefore a lawsuit will be filed against the hospital itself, not against the specific individual.
In long term care facilities, often with elderly patients, lack of quality of care or neglect in providing adequate care can also result in a lawsuit against the nursing home or facility.
How Much Proof Is Needed?
Arizona law requires that the claimant be able to demonstrate clear and convincing evidence of a medical mistake in order to file against medical professionals or hospitals. This means that the lawsuit must be able to show how and what specifically was done that created the damage to the patient due to an act or omission by the hospital staff.
Caps and Awards
Arizona is one of the few states that does not have a cap on the amount that a claimant can be awarded in a settlement. However, it is important to note that they do use a pure comparative negligence formula in determining fault in a medical malpractice case. This means that the amount of the award is decreased by the percentage to which the patient or claimant is or was found to be at fault. The standard two year statutes of limitations is used in the state, however in cases of wrongful death claims the date of the death is used as the marker, not the date of the act or omission.
Get Legal Advice
With the requirement of a clear burden of proof of negligence, especially in emergency room cases, having an attorney that is familiar with medical malpractice cases as well as Arizona law is a must. It will be essential to have expert testimony to prove that acceptable standards of care where not followed and this negligence resulted in or contributed to the damages and injuries sustained.
