Medical Malpractice Attorneys Serving Phoenix and All of Arizona
The Arizona medical malpractice lawyers at Burg Simpson understand the devastating impact of injuries caused by healthcare providers. With over four decades of experience helping victims of serious medical injuries seek justice, we are here to hold negligent doctors, nurses, support staff, and others accountable for the suffering they have caused. Our attorneys can help you seek the compensation your injuries demand.
When a surgical procedure or medical treatment leaves you sick or injured, it can be difficult to establish a medical malpractice claim. As unfair as it may seem, the injured party—not the negligent provider—is saddled with the burden of proof. The attorneys at Burg Simpson thoroughly investigate these incidents, combing through medical records and consulting with experts to help establish the key factors needed for a successful claim. These include establishing that:
- Your healthcare provider made an error during your care, AND
- That error produced or aggravated an injury, AND
- Your injury is serious and resulted in substantial losses
If you have been injured or a loved one has been killed due to medical malpractice, we are here to help. Our lawyers can guide you through Arizona’s medical malpractice laws, moderate the mediation process, and, when necessary, take your case to trial. Call us today at 602-777-7000 or complete our FREE case evaluation form so we can talk to you about your case as soon as possible. Located in Phoenix, we serve Tempe, Glendale, Prescott, Sedona, Kingman, and all areas of the state.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected in their field of practice and you are harmed as a result. Encompassing a broad range of concerns, medical malpractice can happen in any healthcare setting. These include hospitals, private offices, and free-standing ambulatory or surgical centers.
You may not realize that medical errors are a leading cause of death in this country. However, beyond the physical damages caused by medical malpractice, these incidents can also inflict emotional damage on you and your family. Tragically, while we place our trust and lives in the hands of medical professionals, malpractice cases remain all too common. Burg Simpson’s Phoenix medical malpractice attorneys are here to fight for your legal rights.
How Long Do I Have To File a Medical Malpractice Suit?
The statute of limitations for medical malpractice cases in Arizona is two years from the date of the suspected malpractice incident. However, there are exceptions to this statute—including issues involving minors, latent onset of symptoms, and fraudulent concealment—which can extend this period. Even if you believe the statute of limitations has expired for your claim, talking to one of our experienced Arizona medical malpractice lawyers is the best way to learn if you are entitled to file suit.
Types of Medical Malpractice Claims We Handle
Our experienced Arizona medical malpractice lawyers handle a wide range of cases, including:
- Anesthesia Errors. Errors made during the administration of anesthesia, including incorrect dosage, failure to monitor, and failure to check for allergies, can lead to severe complications or death.
- Birth Injuries. Negligence during labor or delivery, such as improper use of forceps, failure to perform necessary procedures, or general mismanagement of the labor process, can cause lifelong disabilities for the child and significant trauma for the family.
- Emergency Room Negligence. Diagnostic errors, inappropriate testing, improper discharge, and other types of emergency room negligence can cause serious or fatal harm when treatment is often most vital.
- Failure to Diagnose/Misdiagnosis. The failure to properly diagnose issues including cancer, heart disease, and stroke can prevent timely treatment, worsen a condition, and cause permanent disability or death.
- Medication Errors. Issues such as incorrect dosage, wrong medication, and improper prescription combinations can cause significant health issues. This includes allergic reactions, which may cause new problems, exacerbate existing issues, or result in other serious harm.
- Surgical Errors. Errors during surgery, including wrong-site surgery, retained surgical instruments, or unnecessary procedures, can cause severe and life-threatening complications.
Any healthcare professional can be held liable for medical malpractice. Whether it is a doctor or a nurse, a surgeon or a specialist, when negligent care is provided, you have the right to hold them to account and seek compensation for any related damages. During your FREE case review with one of our Arizona medical malpractice lawyers, we will listen carefully to your account of the events to help you determine if filing suit is the best way to proceed.
What Is the Legal Process for a Medical Malpractice Claim in Arizona?
The process of filing a medical malpractice claim in Arizona begins by speaking with a qualified attorney. This consultation should be FREE of cost and obligation, allowing you to make sure you feel confident in your choice of representation without incurring an additional expense. Your initial consultation is also an opportunity for your potential attorney to assess your claim and provide more details about your legal options.
If your case qualifies for legal action, it will progress. While each claim is slightly different, the process may include:
- Investigation. During this stage, your lawyer will review medical documents, consult with appropriate experts, and review the evidence supporting your claim.
- Filing a Claim. During this part of the process, the actual lawsuit will be filed. This will initiate the next phases and start the process of seeking compensation.
- Discovery. This is the stage where both your lawyer and lawyers for the defense will collect the evidence needed to support their arguments. This may include talking to witnesses and further consulting with medical experts.
- Negotiations. After both sides have built their case, they will meet for negotiations. Nearly all medical malpractice claims are settled during this stage. However, if a settlement cannot be reached, your case may progress to trial.
- Trial. When a trial is needed, your lawyer will argue your case in front of a judge or jury in an attempt to secure a verdict in your favor. Having an experienced trial lawyer representing your claim can help ensure the most positive outcome.
The Arizona medical malpractice lawyers at Burg Simpson have decades of experience representing victims of negligent healthcare professionals. Named one of the top law firms in America for medical malpractice and other types of personal injury claims, Burg Simpson has also been recognized by the National Trial Lawyers Association as one of the most influential law firms in the nation. In addition, many of our attorneys are listed by Best Lawyers®, Super Lawyers®, and other prestigious legal industry organizations. During your FREE medical malpractice case evaluation, we will happily answer your questions about our firm to help you determine if we are the right fit for your needs.
Why Are Medical Experts Needed for a Medical Malpractice Case?
When you have been hurt by a healthcare provider’s negligence, experts who can explain the details of what happened and how your provider’s conduct led to your injury can help bolster your case. To legally prove a medical malpractice case, it must be established that the medical provider acted in a manner that deviates from how a reasonable provider would have acted. That decision is referred to as a “breach of the standard of care.”
Determining the degree of responsibility borne by various medical professionals is an essential component of a successful medical malpractice claim as well. This can involve analyzing the actions of hospital staff, surgeons, physicians, and others who may have contributed to your injury. Medical experts know how to identify negligent behavior and can help ensure the proper parties are held accountable.
In addition to establishing that a medical professional failed to provide the accepted standard of care, it must be shown that the decision and/or action led to your injury to determine what that injury is worth in financial terms. Experts are needed to articulate this as well.
What Is Your Medical Malpractice Claim Worth?
Determining the value of a medical malpractice claim involves a thorough evaluation of the circumstances specific to your injury. Our team of Arizona medical malpractice attorneys, paralegals, and support staff will consider every aspect of your situation to determine what your claim may be worth.
Factors we consider include:
The Type and Degree of Your Injury
The severity and nature of your injury will play a role in determining the value of your case. Cases involving chronic pain, significant disfigurement, or permanent disability typically demand higher compensation than those with less severe injuries. Our Arizona medical malpractice lawyers will take time to understand the extent of your injuries and how they have and will continue to impact your life when calculating the damages you may be owed.
Medical Treatments Made Necessary by Your Injury
The type and duration of medical treatments required due to malpractice must be considered when determining the worth of a claim. Immediate and ongoing treatment, rehabilitation, and long-term care can be costly. We will assess past, current, and projected medical expenses to ensure that all costs related to your injury are accounted for.
Economic Losses
The financial impact of your injury is an important component in valuing your case. This includes current and ongoing medical treatment, in addition to:
- Lost Wages
- Loss of Earning Capacity
- Cost of Home Modifications
- Cost of Assistive Technology
- All Other Quantifiable Expenses
Non-Economic Damages
Not all medical malpractice damages are tied to a direct expense. Non-economic damages should also be considered when establishing the worth of an injury. These may include:
- Pain and Suffering
- Loss of Enjoyment of Life
- Emotional Distress
We encourage you to bring documentation that can support your claim to your initial consultation, but will also spend time listening to your story to truly gauge how your injury is impacting your life. We are here to provide a realistic expectation of your claim’s worth to help you decide if legal action is the best course for your claim.
What Role Does Subrogation Play in a Medical Malpractice Suit?
A successful medical malpractice claim typically leads to a “subrogation interest” or “subrogation lien.” As a plaintiff, this can affect your claim.
There is a provision in most health insurance plans that ensures they are reimbursed for any care they paid for between the time of your injury and your successful judgment. These liens can be handled in several different ways. Sometimes your medical malpractice lawyer will handle these liens. Sometimes someone else will be hired to solve them.
Because you cannot get your settlement proceeds until these liens have been addressed, it is best to have an attorney who is experienced in dealing with these liens and knows how to get them resolved.
Contact Our Arizona Medical Malpractice Lawyers for Free
With over 40 years of experience and a track record of securing over $2 billion in verdicts and settlements, our nationally recognized trial attorneys are here to help you secure the full compensation you deserve. We are committed to providing compassionate support and tireless advocacy. We are prepared to take valid claims as far as needed to help ensure justice is served.
To schedule a FREE and confidential consultation with one of our Arizona medical malpractice lawyers, contact Burg Simpson online or call our Phoenix office at 602-777-7000 today. We welcome clients from Scottsdale, Mesa, Tucson, Flagstaff, Yuma, and throughout Arizona.
