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Medical malpractice is the term that is used for negligence lawsuits involving a physician, hospital or other healthcare provider. Every healthcare provider has a duty to conduct themselves in a practical and professional manner while making decisions that are in the best interests of the patient. Although complications can sometimes occur unexpectedly with no one to blame, if a doctor, pharmacist, or other healthcare professional makes a careless error that causes harm to the patient, he or she may be held liable for negligence. The law firm of Begam & Marks reviews all types of medical malpractice claims, including the most common types of medical malpractice on this page.
If you feel that you have been injured as a result of the negligence or recklessness of a healthcare provider, and you are considering legal action, you should consult the attorneys at Begam & Marks. Our medical negligence attorneys, experienced lawyers serving Phoenix, Scottsdale, Mesa, Tempe, Glendale, Gilbert, Peoria, Chandler, Buckeye, Surprise, Sun City, and all nearby locations, would be happy to discuss your legal options with you during a free consultation.
Medical malpractice is negligence committed by a professional healthcare provider who failed to act as a reasonably prudent healthcare provider would act under the same or similar circumstances. Healthcare providers cannot guarantee the results of medical treatment. Therefore, a patient’s malpractice claim is not valid just because his or her treatment was not successful. The patient must usually present a medical expert to explain why the doctor’s care was not reasonable under the circumstances, and to explain that the unreasonable conduct caused harm to the patient.
A doctor has a duty to his or her patients to use reasonable care and diligence to diagnose illness so that the proper treatment can be started. Generally, this duty is measured by the professional standard in the medical field. Improper diagnosis and failure to make a diagnosis are among the most common types of medical malpractice cases brought against doctors. However, a misdiagnosis is not automatically malpractice. In some instances, doctors may act reasonably and, for reasons beyond the doctor’s control, fail to make the diagnosis. This is why it is required that the patient have a medical expert witness review the circumstances and determine whether the doctor’s efforts were unreasonable.
According to the law, pharmacists and physicians have a responsibility to the patients who depend on them to practice reasonably and prudently. The pharmacist or doctor must follow proper procedures for ensuring that doctors order a correct drug and that pharmacists fill, compound, dispense, and label prescriptions correctly. If injuries occur due to unreasonable conduct on the part of the doctor or pharmacy, then the patient may file a lawsuit against the negligent doctor or pharmacist for the damages related to the injury. If you or a loved one is the victim of a prescription error or other form of medical negligence, contact the attorneys of Begam & Marks, serving Phoenix, Scottsdale, Mesa, and beyond.
All surgery invades the patient’s body, and many surgeries involve some risk of damage to structures in the body, or of the body reacting poorly to the surgery. When the surgical injury occurs from unreasonable care by the surgeon, nurses or by other healthcare providers, then the patient or the patient’s family may consider a lawsuit for the damages related to the injury.
Depending upon the type of surgical procedure, qualified anesthesia personnel may be required to be present at all times, and the patient’s oxygenation, ventilation, circulation, and temperature must be continually evaluated. All anesthetic care must be documented for medical and legal purposes. This record is the only continuous record that provides a detailed explanation of what the patient was experiencing during surgery. If the anesthesiologist is thought to have acted unreasonably with regard to a patient and the patient is harmed by those actions, a medical malpractice or negligence claim may be filed. Our attorneys advise that the evidence be gathered quickly in order to preserve its accuracy.
A birth injury, sometimes called birth trauma, is a physical injury to the baby that occurs during the process of birth. It is estimated that between two and seven babies out of 1,000 will have a birth injury. Some birth injuries will not cause permanent damage to the baby. Other birth injuries are severe, life-altering injuries that will affect the child permanently. When these birth injuries are caused by mistakes made by doctors or hospitals during delivery, a parent may seek to sue a doctor or hospital for negligence in a birth injury case. Learn more about birth injury and trauma on that section of our website.
If you feel that your child, spouse or parent has died due to the negligence of a physician or healthcare provider you may file a wrongful death suit for medical malpractice. Learn more about wrongful death.
The law defines nursing negligence (or malpractice) as a nurse’s failure to act as a reasonable and prudent nurse would act under the same or similar circumstances in which the nurse was providing care, whether in a hospital, a doctor’s office, nursing home or patient’s home. Nursing malpractice cases can be very complex to prove.
Hospitals can be liable for the negligence of their employees, including staff nurses and medical technicians, and in certain circumstances for the negligence of doctors caring for patients in the hospital. Contact our medical negligence lawyers, serving Phoenix, Scottsdale, Mesa, and all surrounding locations, if you believe you are the victim of hospital negligence.
Professional negligence by a healthcare provider is not limited to doctors, nurses and hospitals. It also includes nursing homes. In a nursing home malpractice case, the nursing home staff’s failure to use reasonable care must be proved. The damages related to unreasonable care by a nursing home may differ from the damages that are recoverable in other healthcare negligence lawsuits. If you become suspicious of any nursing home negligence or mistreatment of a loved one at a nursing home, you should consult with an attorney who has experience with this type of case.
There are a variety of claims which may form the basis of a lawsuit concerning nursing home care. In Arizona, the law protects elderly, vulnerable, and incompetent adults from abuse or neglect by nursing homes or care centers. This law allows a spouse or child to bring a claim, even if the loved one has died. The claim can include the pain and suffering that the loved one endured prior to death. It may include attorneys’ fees and punitive damages as well. Nursing homes can be local or national organizations and cases are often complex. Seeking the assistance of a lawyer is desirable to determine what happened and whether there is a viable claim.
If you are thinking of filing a claim for medical malpractice, you should contact a lawyer who is experienced in representing plaintiffs in medical malpractice, as soon as possible. A malpractice case must be filed within a certain timeframe, known as the statute of limitations. There will be important deadlines to meet, and a great deal of work to do to prepare your case before it can be filed. Important medical records must be obtained quickly. The reports and notes in the medical records often tell much of the story about the patient’s condition and the medical care provided to the patient. To prove a case of medical malpractice, the plaintiff must generally present expert medical testimony verifying the claims of negligence. The prompt collection of evidence may make a big difference in successfully proving your case.
If you or a loved one is the victim of a medical professional's negligence, contact the lawyers at Begam & Marks - serving Phoenix, Scottsdale, Mesa, Tempe, Glendale, Gilbert, Peoria, Chandler, Buckeye, Surprise, Sun City, and cities and towns throughout Arizona.
If you're a victim of medical negligence, contact the lawyers at our Phoenix firm. Our attorneys - serving Scottsdale, Mesa, and all other surrounding Arizona locations - can consult with you about pursuing legal action against negligent health care providers and medical institutions.
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