When medical professionals fail to meet the standard of care for patients, patients may be eligible to file a malpractice case. In Arizona, medical malpractice is defined as the failure of a healthcare provider, professional, or hospital staff to exercise a degree of care, skill, and learning expected of a healthcare provider in the same or similar circumstances.
Also read: Tips For Finding The Best Medical Malpractice Lawyer For Your Case
This article will delve into the process of suing a doctor for pain and suffering, referencing Arizona laws on medical malpractice and the necessary elements to establish a successful claim with a lawyer.
How to Qualify Pain and Suffering?
Pain and suffering refer to a person’s physical and emotional distress experienced by a patient due to medical malpractice. Commonly reported forms of pain and suffering include physical pain, mental anguish, emotional distress, loss of enjoyment of life, and disfigurement.
Clients may present symptoms such as chronic pain, depression, anxiety, post-traumatic stress disorder (PTSD), insomnia, or decreased quality of life. Documenting and providing evidence of these subjective experiences during a medical malpractice lawsuit is essential.
What is the Process of Suing a Doctor?
Every injury is unique, but to begin the process of suing a doctor for pain and suffering, several key elements must be established as guided by an attorney:
- Doctor-Patient Relationship: It is essential to demonstrate that a doctor-patient relationship exists. Often proof of relationship is collected through medical records.
- Proof of Negligence: The plaintiff must prove that the doctor breached his/her duty of care by failing to meet the standard expected in their field. Negligence may be established by showing that the doctor’s actions or omissions deviated from what a competent healthcare professional would have done.
- Cause of Negligence or Malpractice: The plaintiff must establish a direct link between the doctor’s negligence and the injuries suffered. It must be demonstrated that the doctor’s actions or omissions were a cause of the pain and suffering experienced by the patient.
- Assessing Injury-Related Damages: The plaintiff must provide evidence of the specific injuries and damages caused by the doctor’s negligence. An attorney will collect medical records, expert testimony, and other supporting evidence to quantify the extent of the pain and suffering endured.
What Are Arizona’s Statute of Limitations?
In Arizona, there are specific time limitations, known as the statute of limitations, within which a medical malpractice lawsuit must be filed. The legal statute of limitations for medical malpractice cases in Arizona is two years from the date the patient’s injury was discovered or should have been discovered.
However, there may be exceptions and variations depending on the circumstances of the case. It is crucial to consult with an attorney to understand the current laws and any potential changes in the statute of limitations.
How Can an Attorney Prove Pain and Suffering?
Besides establishing the doctor-patient relationship, negligence, and causation, providing relevant evidence to support the claim for pain and suffering is essential. Specific types of evidence can be valuable to convey and substantiate the pain and suffering experienced due to medical malpractice, such as medical records, expert testimony, personal statements, psychological evaluations, and testimony from friends or family members who have witnessed the impact of the injuries.
Are You Suffering From An Injury Related to Malpractice or Negligence? Contact Snyder & Wenner P.C. Today
At Snyder & Wenner, P.C., we have over 40 years of experience representing our clients and pursuing the compensation they deserve for their inflicted pain and suffering at the hands of a hospital or medical staff. Contact us today to schedule a consultation and discuss your case. Expert representation can mean the difference between a small and large settlement. We are here to help.
