In general, only a very small percentage of physicians in Arizona face medical negligence judgments against them. However, state laws provide many opportunities for those who face such negligence to file claims when warranted. There are, however, several constraints legislated in the state to protect defendants as well as victims.
Arizona Medical Malpractice
Medical malpractice can be a difficult case to make. Physicians are held to a high standard of care and skill; however, they cannot be expected to be perfect. In addition, even if there are errors in diagnosis or treatment, if no damages result from that error, negligence cannot be charged. There must be several elements present for there to be a viable case for medical malpractice:
- A relationship between the physician and the patient must exist
- The physician must have acted with less skill and care than most physicians with the same training and in the same circumstances would have acted
- The negligent act must have injured the victim in some way
- The injury must have resulted in some form of damage to the victim
When all of those elements are present, the patient or their family member may have grounds to file a medical malpractice suit and obtain compensation for their additional medical costs, pain and suffering, lost income, and more.
In addition, if the negligence occurred in a hospital, the victim may be able to include the hospital in the suit by way of vicarious liability. Arizona allows that claim when there is “ostensible or apparent” agency on the part of the physician. That means that the physician either is an agent of the hospital and is under the hospital’s control, or the physician appears to be an agent of the hospital and did nothing to discourage patients from making that assumption.
Filing an Arizona Medical Malpractice Claim
There are additional state laws governing such suits, including one key law that plaintiffs must be aware of the statute of limitations. In Arizona, such a claim, whether for injury or wrongful death, must be filed within two years of learning of the injury. If it is filed after that period, the case will generally be dismissed.
Those who charge a physician with medical malpractice must also include expert testimony by a certified physician in the same field to verify the negligent act.
Getting Legal Help with Suing a Hospital in Arizona
When a physician fails to live up to the high standard of skill and care required of them, it can be a frightening occurrence. When a hospital also fails to oversee their physicians in such a way as to provide safe and reliable care, it can be even worse. Not only do the victims of such negligence deserve compensation for the damages that result, the negligent parties need to be held accountable for their negligence. An experienced medical malpractice lawyer in Arizona can help victims pursue such a case according to the laws of the state and, it is hoped, obtain a settlement to cover those damages appropriately.
