If you have been the victim of medical malpractice in Phoenix, Arizona, the attorneys at Black Wynn may be able to help. Medical bills are probably piling up, you may be losing income, and you have no doubt experienced substantial pain and suffering. We can’t erase the damage done to you by a doctor, a hospital or another medical practitioner or facility, but we can seek compensation for your injuries and losses. Contact us to schedule a free consultation.
How Do You Prove a Medical Malpractice Case?
The frequency of medical errors may surprise you. It is estimated that there are hundreds of thousands of unnecessary deaths annually in hospitals alone. Of the perhaps 1,000,000 people injured as the result of medical malpractice each year, only as small percentage actually file a malpractice claim.
Medical malpractice is defined generally as the failure of a medical professional, hospital or other healthcare provider to exercise the standard of care and skill that one would expect, under similar circumstances, from a “reasonable prudent” health care provider. But this fulfills only a part of what you need to show in order to prevail in a malpractice lawsuit. Generally, you must show, in order to succeed in your case, that:
- The doctor or other health care provider breached the duty of care to you, the patient, that is, there was negligence;
- The negligence caused an injury
- The injury resulted in damages.
The testimony of a medical expert is usually necessary to establish liability, and to some extent, the damages you suffered.
Examples of Medical Malpractice
Failure to Diagnose
If you think you have a health problem and go to your physician, your expectation is that the doctor will examine you, perform the necessary tests, properly analyze that information, and provide you with a diagnosis. Failure to conduct a proper examination, failure to order the appropriate tests, and/or misreading or failing to understand that information may cause your doctor to miss essential aspects of your medical condition.
Diagnosing the wrong condition can cause harm above and beyond not treating your actual illness or condition. The administering of the wrong treatment can cause complications, in addition to allowing your true condition to go untreated.
In some cases, mistakes involving surgery are obvious, such as operating on the wrong arm or leg, or leaving a sponge or surgical instrument inside the patient. In others, establishing negligence may be more involved, requiring expert medical testimony.
Infections in Hospitals
These are technically classified as “health-care associated-infections” (HAI’s). The Centers for Disease Control and Prevention estimates that in any given day, about one in 25 hospital patients has an HAI. Examples include bloodstream infections, urinary tract infections, surgical site infections, and others.
Damages Caused by Medical Devices
Medical devices are designed to save and improve lives, but some of these devices are not property tested, and this often causes injuries. In some cases, the defect could require surgical intervention, correction and replacement. Devices include hip and knee implants, transvaginal mesh, birth control devices, among many others.
Cosmetic Surgery Errors
Cosmetic surgery has become more and more popular over the years. It is profitable for doctors. On the other hand, many physicians are not properly trained in this area, and mistakes are common. They could result in scarring, additional surgery, and other problems.
When the wrong medication is prescribed, it can damage your body and at the same time allow your illness to go untreated. The problem can be the result of a physician misdiagnosis or other mistake, a pharmacy mistake, or a problem with the medication itself.
These errors could happen in the operating room, at the doctor’s office, in the recovery room or elsewhere in a hospital or surgical center. Mistakes include administering the wrong anesthesia, the wrong amount, and failure to monitor the patient during or after a procedure, among others.
Proving Damages in a Medical Malpractice Lawsuit
The damages in a medical malpractice case mirror to some degree those in an ordinary negligence case. They include the cost of medical care, including additional surgeries, future medical care, lost earnings, loss of the ability to earn in the future, and pain and suffering. In medical cases, these damages are often substantial.
Phoenix Plaintiff’s Malpractice Lawyers
You rely on your doctor, hospital and other healthcare professionals and facilities to assist you in getting better and recovering from illnesses and other medical problems. When they fail to do their job, the results could be disastrous.
At Black Wynn, an experienced medical malpractice attorney will speak to you about what happened, and advise you on a strategy that makes sense in your case. Our focus is on maximizing your recovery, and helping you to get.
Call us today for a free consultation 480-665-7324