Is It Worth Suing for Medical Malpractice?

Filing a medical malpractice lawsuit is a big decision, but it may be the best way to seek justice if you or a loved one has suffered due to a healthcare provider’s negligence. Medical errors can lead to life-altering consequences—causing debilitating injuries, overwhelming medical costs, and a profound loss of trust in those meant to care for us.

Arizona law allows victims to seek compensation for their damages, but medical malpractice cases can be incredibly detailed and complicated. Understanding the challenges, potential outcomes, and benefits of legal action can help you decide whether filing a medical malpractice lawsuit is right for you and your family.

To discuss the viability of your claim and what the process entails, call Burg Simpson at 602-777-7000 to schedule a FREE and confidential consultation with a medical malpractice lawyer in Phoenix, AZ. We want justice for you and your family after all you have suffered, and we will use our local clout and national resources to fight for it.

Is Medical Malpractice Hard to Prove?

Yes, proving medical malpractice can be challenging. Unlike other personal injury cases, malpractice cases require demonstrating that a healthcare provider deviated from the accepted standard of care and that this deviation caused harm to you or your loved one (A.R.S. § 12-563). In addition, Arizona law sets strict requirements for plaintiffs, including specific criteria for expert witnesses tasked with establishing negligence (§ 12-2604).

Common Types of Medical Malpractice Claims

Medical malpractice lawsuits can arise from various forms of negligence, including:

• Birth Injury
• Surgical Errors
• Medication Errors
• Failure to Diagnose
• Misdiagnosis or Delayed Diagnosis
• Failure to Monitor
• Defective Medical Devices
• Emergency Room Errors
• Anesthesia Errors

How to Build a Strong Medical Malpractice Lawsuit

Building a solid medical malpractice claim requires careful preparation and substantial evidence. This may include:

• Medical Records: Proving malpractice requires detailed documentation, including treatment history, test results, physician notes, etc.
• Expert Testimony: A qualified medical expert—who meets the criteria mentioned above—will need to confirm that the provider’s actions failed to meet the standard of care.
• Evidence of Causation: You must be able to show that the medical provider’s negligence directly led to your injury or worsened condition. This will be the most challenging aspect of the case.
• Legal Guidance: An experienced and dedicated medical malpractice lawyer is essential in a medical malpractice case. They understand the legal complexities involved, can gather compelling evidence, and will know precisely how to challenge the defense. Working with legal representation ensures your case is as strong as it needs to be to secure the compensation you and your family deserve.

While the process can be strenuous, holding negligent providers accountable can bring a sense of closure and help prevent similar harm to others in the future.

What Are the Odds of Winning a Medical Malpractice Lawsuit?

Medical malpractice lawsuits have a lower success rate than other personal injury claims. Research indicates that physicians win 80–90% of trials with weak evidence of negligence, around 70% of borderline cases, and 50% of cases with strong evidence against them. In addition, “Between 80% and 90% of the claims rated as defensible are dropped or dismissed without payment.”

Cases supported by clear, well-documented evidence and practiced legal representation have a much greater chance of securing a favorable settlement or verdict. A skilled medical malpractice lawyer in Phoenix, AZ, can effectively build and present a compelling case and significantly improve the likelihood of winning the compensation you need for your recovery and future.

How Much Are Most Medical Malpractice Settlements?

Settlement amounts will always vary widely. The severity of the harm caused, the amount of medical expenses, and the long-term impact on you and your family will all impact the size of a fair and just settlement in your case.

It is important to note that Arizona does not cap damages in medical malpractice lawsuits (Ariz. Const., Art. II, § 31). You have the right to seek compensation for current and future medical costs, lost wages, pain and suffering, and any long-term care required. This gives victims hope to obtain renewed financial stability and justice after their ordeal.

Do Most Medical Malpractice Lawsuits Settle Out of Court?

Yes. The majority of medical malpractice lawsuits are settled out of court. Studies show that over 90% of claims are resolved through settlements. Trials are costly and uncertain for both parties. If a fair settlement can be reached, it can save time and stress. Still, if you are not offered a settlement that addresses your full damages, your lawyer should be prepared to take your case to trial and fight for your best interests.

Is a Medical Malpractice Suit Worth It?

Absolutely—if you or a loved one has suffered due to medical negligence, a medical malpractice claim can provide much-needed compensation and hold negligent providers accountable for the harm they have caused. While these cases require a lot of effort and patience, the potential benefits outweigh the challenges. Here is why:

• Financial Recovery: Medical errors can result in astronomical medical bills, lost income, lost earning potential, and ongoing treatment costs. Your life has already been devastated by your injury or the loss of your cherished family member; the last thing you need is to struggle with the enormous weight of financial insecurity as well.
• Accountability: Medical malpractice lawsuits expose negligence in one of the most upsetting environments. We trust medical providers to care for us—we never expect them to cause us harm. Filing a claim could prompt further consequences for negligent physicians or encourage medical facilities to improve their care standards.
• Justice: When negligence is the cause of the pain and tragedy you or a loved one have suffered, there is an intense desire for justice to be served. Pursuing a medical malpractice claim is a way of achieving that. It attempts to hold the responsible party or parties liable for their actions and helps prevent similar ordeals for others in the future.

If you are unsure whether your case is worth pursuing, consulting a medical malpractice lawyer in Phoenix, AZ, should be your first step. They can assess your claim, let you know if it is viable, and help you understand the process.

Do I Need a Medical Malpractice Lawyer?

Dealing with a medical malpractice lawsuit on your own would be extremely difficult. Hospitals and insurance companies have extensive resources to defend claims, even when the evidence clearly shows negligence. Having a strong legal advocate on your side gives you an advantage.

Here is how a medical malpractice lawyer can help:

• Assess the viability of your case
• Secure qualified expert witnesses
• Negotiate with insurance companies
• Take the fight to court if necessary
• Relieve some of the burden on you and your family

Contact Burg Simpson Today

If you or a loved one has suffered due to the negligence of a medical provider, you deserve justice. A medical malpractice lawsuit may be the way to achieve just that. Contact Burg Simpson today to discuss your claim in a FREE and confidential case evaluation.

Our medical malpractice lawyers in Phoenix, AZ, are Good Lawyers. Changing Lives.® We have spent decades fighting for victims and their families. Let us help you take the next step toward healing and recovery.