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Medical Malpractice

Do I need an Expert Witness in a Medical Malpractice Case?

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In this blog we will discuss one of the common questions we receive from clients: Do we need to have an expert witness testify in a medical malpractice case?

In Arizona, if you file a medical malpractice lawsuit against a healthcare professional, you are required to certify in a written statement whether an expert witness is necessary. Arizona statutes set forth the requirements regarding what type of expert is needed and when such an expert is needed. Since medical malpractice cases involve suing a healthcare professional, expert witnesses are required.

The type of expert witness you need depends on the facts of your case. In Arizona medical malpractice cases, you are required to hire an expert witness who is a licensed healthcare provider working in the same specialty as the provider who injured you. For example, if you were injured by a board-certified emergency medicine physician, you are required to retain a board-certified emergency medicine physician to prove your medical malpractice case. This expert would testify whether the defendant doctor’s conduct was “within the standard of care.” That means whether he or she acted appropriately. A second medical expert is often also needed to testify regarding the cause of the person’s injuries or death. This is called a “causation expert.” A third expert may then be needed to testify regarding “damages.” That can include a life care planner, a vocational rehabilitation expert, an economist, and/or any other type of specialist who can discuss your injuries.

Due to the rules and requirements for filing a medical malpractice case, you should retain an experienced medical malpractice attorney. These cases become extremely expensive and complicated, and if your lawyer is unable to navigate the waters appropriately, your case could suffer or even be thrown out. If you or a loved one were injured due to medical negligence, contact the experienced medical malpractice lawyers at Snyder & Wenner today or call at 602-224-0005.

Medical Malpractice Against Emergency Physicians

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Emergency physicians are the ones who treat you in the emergency department. Unfortunately, if an emergency physician commits malpractice, the results can be catastrophic. To successfully bring a medical malpractice case, you must establish that the healthcare provider fell below the standard of care. The standard of care is what a reasonable, prudent healthcare provider would do in the same or similar circumstances. In most medical malpractice actions, you must prove that the healthcare provider fell below the standard of care by a preponderance of the evidence. In other words, you are required to prove that the healthcare provider was more likely than not negligent and caused your injuries.  That standard, however, is different in emergency medicine cases.

A.R.S. § 12-572 requires victims of medical malpractice that occurred in an emergency department to prove their case by clear and convincing evidence. That statute increases the burden on medical malpractice victims suing emergency rooms and their healthcare providers. To prove something by clear and convincing evidence means that the evidence is substantially more probably true. To put this burden of proof in context, the clear and convincing evidence standard is somewhere between the preponderance of the evidence standard, discussed above, and the criminal burden of proof which is beyond a reasonable doubt.

It is important to have an experienced medical malpractice attorney navigate this legal issue. It does not mean the case is not winnable or that the defendant did not commit malpractice. The case just must be presented to the jury in the correct manner. Snyder & Wenner had a similar case go to trial against Banner UMC Tucson, which resulted in a $15 million verdict. This was the largest verdict of any kind in the state of Arizona that year, and it was the largest medical malpractice verdict in Arizona in decades. The jury understood that the higher burden was clearly met, and they found in plaintiff’s favor.

If you or a loved one was injured at an emergency department, contact the experienced emergency room medical malpractice lawyers at Snyder & Wenner now via email or call us at 602-224-0005.

Tucson Medical Malpractice at Banner UMC

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Tucson, Arizona is home to Banner University Medical Center (Banner UMC). Tucson medical malpractice occurring at Banner UMC poses a complex legal issue for victims who want to pursue legal action against the hospital. This is because there may be two different statutes of limitations applicable to your case.

Banner UMC is a private hospital and cases against it for medical malpractice must be brought within two (2) years from the date you knew or should have known of your injury. However, since some healthcare providers at Banner UMC are employees of the University of Arizona, a public entity, a much shorter deadline may exist to protect your legal rights. If a public employee commits medical negligence in Tucson causing you or a loved one to be injured, you must file a notice of claim within 180 days of the day you knew or should have known of the injury. If you were the victim of medical malpractice in Tucson at Banner UMC you must be sure that you are following the correct statute of limitations.

If you or a loved one were injured due to medical negligence at Banner University Medical Center – Tucson, you will need to act now to protect your legal rights. Contact the experienced Tucson medical malpractice lawyers at Snyder & Wenner now, or call us at 602-224-0005.

Medical Malpractice Misdiagnosis Causes 100,000 Serious Injuries Per Year

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Several years ago, a prominent study reported that medical malpractice is responsible for over 250,000 deaths per year in the United States. This makes medical malpractice the third leading cause of death in our country. A new, 2019 study reported by United Press International found that medical malpractice misdiagnosis, alone, causes approximately 100,000 deaths or serious injuries every year. To be clear, this is in addition to the 250,000 annual deaths previously mentioned.

The three most common forms of misdiagnosis are: cancer, strokes and other vascular events, and infections. The study found that over 70% of those medical malpractice misdiagnosis incidents occurred in the emergency department or an outpatient clinic. It is important to note that this study does not even consider the minor injuries that result from misdiagnoses. The 100,000 victims suffered injuries or death.

What makes a misdiagnosis so troubling is that the patient then lives with a serious, life-threatening medical condition for months or years. Since he or she does not have a proper diagnosis, the patient cannot get the appropriate, life-saving treatment. In other words, misdiagnoses rob patients of the chance to treat their illness.

If your loved one has died or if you have suffered a catastrophic injury due to a medical misdiagnosis, contact us today to see if we can help. You can also call us at 602-224-0005.

Tucson Birth Injury – Placental Abruption

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A Tucson birth injury can cause devastating consequences to the child and to the family. A recent case of a placental abruption was discovered on February 1, 2021, at Canyon Vista Medical Center in Sierra Vista. A mother was found to have an abruption and was transferred to Tucson Medical Center. Her 1 pound baby was delivered via emergency c-section. At this time, it is unclear whether medical negligence was a cause of the abruption.

The placenta is a critical organ that delivers nearly everything a baby needs in the womb such as oxygen and vital nutrients. A placental abruption occurs when the placenta separates from the inner wall of the uterus before birth. An abruption of the placenta deprives the baby of oxygen and vital nutrients and causes bleeding in the mother. Symptoms of placental abruption include vaginal bleeding, abdominal pain, back pain, uterine tenderness, and contractions. If the signs and symptoms of placental abruption are missed, a birth injury may occur.

Placental abruptions occur in approximately one out of every 600 deliveries in the United States. If missed by doctors and other healthcare providers, the mother can die and the baby can suffer catastrophic and permanent injuries or death. If you or a loved one suffered a placental abruption due to the negligence of your primary care provider or gynecologist, contact the experienced Tucson birth injury lawyers at Snyder & Wenner now or call us at 602-224-0005.

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Snyder & Wenner, P.C.

8800 N. Gainey Center Drive, Suite 265 Scottsdale, AZ 85258

2200 E Camelback Rd #213
Phoenix, AZ 85016

5151 E. Broadway Blvd, Suite 1600,
Tucson, AZ 85711

12725 W. Indian School Rd. Ste E-101 Avondale, AZ 85392

Call: 602-224-0005
Fax: 602-381-8997

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