Firm-Wide blog


By Burg Simpson
June 4, 2019
3 min read


If the medical treatment you received from your health care professional has left you or a loved one with a serious injury, and you can answer affirmatively to the following questions, it is possible that you have a valid medical malpractice case:

  • Did the medical professional who treated you make a mistake?
  • Did negligence lead to that mistake?
  • Have you been seriously injured as a result of that negligence?
  • Medical mistakes are the third-leading cause of death in the United States, following only heart disease and cancer.
  • Medical mistakes are the third-leading cause of death in the United States, following only heart disease and cancer.

Was There a Breach of Standard Care?

To legally prove a medical malpractice case, your attorney must demonstrate to the court that the medical professionals who treated you made decisions that no reasonable physician would have made under the same or similar circumstances. That unreasonable action is called a “breach of the standard of care.” When the standard is breached, broken, or ignored, medical practitioners or healthcare entities can be sued for compensatory damages. Your legal team must then show how the violation caused your injury and explain how much your case is worth.

Obtaining Expert Testimony

Medical malpractice cases are complicated and expensive. In order to prove these kinds of cases, your legal team must begin by gathering evidence to prove malpractice. Developing a medical malpractice case will also require the testimony of legal and medical experts.

As a rule, the medical professional in your case can only be scrutinized by an expert in the same field with the same credentials. If the defendant is a physician who is board-certified in general surgery, then the expert retained to evaluate his care also must generally be a board-certified general surgeon.

If you have been injured by a medical professional your medical injury lawyers will use experts to explain to the jury exactly what happened and how the medical professional’s conduct caused your injury.

Determining the Value of Your Medical Malpractice Case

Our team of Arizona medical malpractice attorneys and legal professionals will examine your medical malpractice case to determine:

  • The nature and extent of the injury caused by a medical professional
  • The extent of liability of each party involved.
  • The potential economic loss the victim suffered.
  • Future medical needs and expenses.
  • The types of damages that can be recovered include economic, non-economic and sometimes even punitive damages.

Scheduling a Consultation with Burg Simpson

If you have suffered a serious injury as the result of a medical treatment, our Arizona medical malpractice attorneys will work with you to evaluate your case. In a medical malpractice lawsuit, the injured party bears the burden of proof, and this means we must work together to prove the following:

  • Your healthcare provider made a mistake during your care, and
  • His or her mistake caused or exacerbated your injury, or hampered your recovery; and
  • You suffered damages significant enough to justify the costs and time associated with litigation, and for which a jury can compensate you.

If you believe that you were injured as a result of a healthcare provider’s negligence, please call our medical injury lawyers at Burg Simpson in Phoenix to discuss your legal matter. We are here to help, and there is no charge for an initial consultation. Call us now at 602 777 7000.

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