What is the standard of care?
In a medical malpractice case, the standard of care is what a reasonable, prudent health care provider does under the same or similar circumstances in Arizona. To win a medical malpractice case, we must prove that the doctor fell below the standard of care. This means he acted negligently. The standard of care is a national standard, not a local standard. It does not change whether you are getting medical care and treatment in Phoenix, Chicago, or New York. It also does not require that the doctor intentionally hurt you or your family member.
How does it apply to my case?
When you sue a doctor for medical negligence, you are the plaintiff. In Arizona, the plaintiff’s lawyer is required to hire a medical doctor to serve as an expert witness to give opinions on what the standard of care required of the doctor. The expert reviews the records and testifies how the doctor violated the standard of care. Expert testimony is also required to show how the negligence caused your injuries and what damages resulted from those injuries. Without this expert testimony, you will not have a viable case. In our cases, we find the best experts from around the country to testify. We do this because the defense attorneys routinely hire experts who will say anything for a dollar, and in doing so, they raise many issues that are completely irrelevant to the actual case. To combat this ridiculous strategy, we find the best possible expert and have him or her review the records.
To avoid the pitfalls of litigation, you should not try to represent yourself or hire a lawyer who does not handle medical malpractice cases. If you or a loved one has been injured or died as the result of medical negligence, contact the experienced medical malpractice lawyers at Snyder & Wenner, P.C. today.