A recent study in the Journal of Patient Safety states that an estimated 210,000 to 440,000 hospital patients die each year in the United States as a result of avoidable harm while in the care of the very medical professionals responsible for their health.
If the Centers for Disease Control and Prevention had a category for medical mistakes, it would make it the third leading cause of death in the United States, following heart disease and cancer. The study elicits concerns for many patients going into the hospital or other facilities for medical care, though obviously not all injuries or deaths that occur in hospitals are related to negligence.
An attorney can help families of victims of fatal medical errors in Phoenix determine if a doctor is liable and can help pursue compensation.
I’ve lost a loved one to medical error. Can I file a malpractice suit?
If you’ve lost a loved one, there are so many overwhelming details to be dealt with, and wading through legalese might not be high on your list. However, if negligence or incompetence played a role in the death of your family member, you have rights to hold any liable parties responsible for the damages that you’re facing.
You may be entitled to compensation for your and other family members’:
- Mental and emotional anguish
- Future earnings of the deceased family member
- Medical bills
- Funeral expenses
Your action may help restore financial security to you or your children. You might need financial compensation to satisfy bills that have piled up during your lost loved one’s illness and death.
What is necessary to prove medical negligence?
Medical malpractice or hospital negligence suits can be complex, and you will need to prove that the doctor or other healthcare professional breached the minimum standard of care. Not every medical error equates to negligence or malpractice. Your malpractice claim must prove that another reasonable physician would have provided better and different care.
In addition, expert witnesses are often required, and you will need to consider what damages for which you need to seek reimbursement. For example, can you put a dollar value on the lost future wages for your family?
Do you have access to all case-related medical records and do you know what evidence is needed to prove negligence led to the death of your loved one? Can you quantify the mental and emotional anguish you’ve experienced as a result of this error?
These are questions that a medical malpractice attorney can help you answer. A qualified attorney will know what documents you need and will be able to hire any required expert witnesses to support your case. A lawyer will guide you through the entire process, alleviating the burden from your shoulders and helping you pursue a successful outcome for you and your family.
Arizona’s Laws Regarding Medical Malpractice Claims
In the state of Arizona, the statute of limitations to file a medical malpractice suit is two years, unless there is some type of exception. This might be the case if you did not discover the medical error until later.
Also in Arizona, unlike in many other states, there is no cap on the amount of compensation that can be awarded to the injured party in a medical malpractice suit. This means that you are able to recover damages that meet your emotional, mental, and financial strain, regardless of dollar amount.
Call Snyder and Wenner, PC for Help
If you have lost a loved one and you believe it is as a result of medical malpractice or hospital negligence at a Phoenix hospital, we can help. Call us today at (602) 224-0005 to set up a free consultation to discuss your case with a medical malpractice attorney.