Medical malpractice occurs when a healthcare provider (including doctors, nurses, or hospital staff members) is negligent. Negligence is defined as medical conduct or care that falls below an accepted standard of practice within their field, profession, and community. These serious, life-altering infractions cause pain, suffering, and at times, permanent damage, disfigurement, or death.
Malpractice and negligence investigations and cases allow for the right of legal inquiry into the level of care patients receive from trusted medical professionals. Healthcare providers typically have malpractice insurance. That insurance company will work to settle the claim once the provider has given his or her consent. Doctors, nurses, PAs, and nurse practitioners do not pay settlements or verdicts out of their own pockets.
Rules and guidelines vary from state to state, but general principles and regulations exist with any malpractice case. If you or a loved one has experienced a degree of negligence or medical malpractice, here are the basic requirements an expert will explore with you when reviewing your claim.
Basic requirements for a malpractice claim
In order to begin a claim, you must require proof or identify the following:
- Evidence of a doctor-patient relationship
If negligence has occurred, an expert malpractice lawyer will need to map out your patient-physician relationship with the person or persons you are suing. Simply, you hired a practitioner, and that practitioner agreed to be a part of or involved with your medical condition or need.
- Proof of negligence
When a patient disagrees with a course of action medically or is dissatisfied with their treatment, it doesn’t automatically qualify as a reason to file a medical malpractice lawsuit. A medical professional or member of hospital staff must deviate from the normal quality of care. A competent, skillful, and reasonable degree of care is expected, and when a professional deviates from the “norm,” they should be held accountable for their actions should they cause harm to a patient.
- Cause of negligence
Once negligence is established, you must then prove that the negligence was a cause of the injuries or death. There must be proof that the doctor, more likely than not, directly impacted a patient’s negative outcome. A professional medical malpractice attorney will present a medical expert to testify how a doctor’s negligence caused or substantially worsened an injury.
- Collection of damages caused by injury
Specific damages the patient will endure are listed and investigated by your lawyer to assess and present fair compensation. Some of these damages include:
- Lost wages
- Pain and suffering
- Medical bills
- Mental and emotional suffering
- Loss of companionship
Contact a malpractice expert at Snyder & Wenner today
Wrongful death claims are time-sensitive, and must be filed within Arizona’s two-year statute of limitations (Ariz. Rev. Stat. § 12-542 (2021).). It is critically important after an injury to contact an expert focusing on personal injury and medical malpractice to consult your case. If you are considering filing a medical malpractice lawsuit, call us. We will work on your case to get you the compensation you deserve.
