If you were the victim of medical malpractice, you need an aggressive Phoenix medical malpractice lawyer from Curiel & Runion Personal Injury Lawyers to fight for your right to compensation for damages. Call our law office at (602) 595-5559 to schedule a free consultation with a Phoenix medical malpractice lawyer. We are here to help you when you need trusted legal counsel and support.
You trust your doctors to care for you and your family. They help you when you are sick, injured, or ill. You never expect them to cause you additional harm or injury. Unfortunately, medical malpractice occurs in all types of healthcare settings in Phoenix, Arizona.
At Curiel & Runion Personal Injury Lawyers, our lawyers have more than 55 years of legal experience handling cases like wrongful death in Phoenix, car accidents, catastrophic injuries, recreational vehicle accidents, brain injuries in Phoenix, and many more.
We have devoted our legal practice to handling personal injury claims. In our more than 3,000 cases handled to date, we have a 98% success rate in getting compensation for our clients.
How Curiel & Runion Can Help You With a Medical Malpractice Claim in Phoenix
Medical malpractice cases are complicated personal injury claims. Medical professionals and their insurance providers deny liability and fight claims of wrongdoing. It takes an experienced, skilled personal injury attorney to go up against them and win.
At Curiel & Runion Personal Injury Lawyers, our founding attorneys, Triumph Curiel and Derick Runion, are fierce advocates for injured victims. They have recorded millions of dollars for our clients since opening the firm. Recognized as Rising Stars by SuperLawyers, they are not afraid to take on tough cases against formidable parties.
When you hire our top-rated medical malpractice lawyers in Phoenix to handle your case, you can expect us to:
- Investigate your claim to determine how you sustained your injuries
- Identify all parties who could be liable for your claim
- File insurance claims and handle all matters related to an insurance settlement
- Work with medical specialists and other expert witnesses to gather evidence of malpractice and negligence
- Document your damages to determine how much your medical malpractice case is worth
- Monitor deadlines for filing claims and lawsuits
- Aggressively pursue settlements for the full value of all damages
- File a medical malpractice lawsuit and take your case to trial, if necessary
Do you suspect that your doctor is guilty of medical malpractice? If so, don’t wait to call. Contact our law office to schedule your free case evaluation with an experienced medical malpractice lawyer in Phoenix, AZ.
What Is Medical Malpractice?
Malpractice is the failure of a professional to perform the duties owed to a client. Medical malpractice is failing to provide a level of care that meets the medical standard of care for a specific circumstance. The medical standard of care is based on what other medical professionals would have done in a similar situation.
Medical malpractice can occur because of a doctor’s negligence. It can also occur when a doctor intentionally harms a patient or medical errors result in patient injury.
How Can I Prove Medical Malpractice Claims in Arizona?
You have the burden of proving the legal elements of a medical malpractice claim. Generally, you must have sufficient evidence to prove each of the following elements:
- The medical provider owed you a duty of care because of a doctor-patient relationship.
- The medical provider breached the duty of care through negligence, intentional torts, or medical errors.
- The medical provider’s conduct was the direct and proximate cause of your injuries and harm.
- You sustained damages because of the medical provider’s conduct.
- Exercise a degree of learning, skill, and care expected of a reasonably prudent healthcare provider in the same class or profession;
- Under the same or similar circumstances; and,
- The failure was the proximate cause of the patient’s injury.
Therefore, you must have medical experts testify to establish the medical standard of care given the circumstances of your case. Then, you must prove the doctor’s actions fell short of that standard of care.
Our Phoenix medical malpractice attorneys understand what is necessary to prove your medical provider committed medical malpractice. Let us help you hold your doctor accountable for the wrongdoing that caused your injury.
Curiel & Runion Personal Injury Lawyers Handles All Types of Medical Malpractice Cases in Phoenix, AZ
A bad outcome does not always indicate medical malpractice. Instead, the health care professional must deviate from the medical standard of care or make medical errors to be guilty of medical malpractice.
Examples of medical negligence and errors that could lead to a Phoenix medical malpractice claim include the following:
- Operating on the wrong patient or the wrong body part
- Medication errors, including giving the incorrect dose or medication to a patient
- Anesthesia errors
- Delayed diagnosis of a medical condition
- Failing to obtain and review a patient’s medical history
- Emergency room errors
- Misdiagnosis of a medical condition
- Failing to order prompt diagnostic tests
- Surgical errors, including leaving foreign objects inside a patient
- Failing to refer a patient to a specialist
- Labor and delivery errors
- Using defective medical equipment
- Failing to obtain informed consent from a patient
- Practicing under the influence of alcohol and/or drugs
- Failing to sanitize tools, equipment, and rooms
- Failing to listen to and act upon a patient’s symptoms
Medical malpractice claims can be based on negligent conduct, intentional torts, and medical errors. The best way to know if you have a medical malpractice claim is to contact our Phoenix medical malpractice lawyers for a free consultation.
Who Can Be Held Liable for Medical Malpractice Damages?
A healthcare provider who causes you harm could be held liable for damages caused by their conduct. In some cases, numerous parties could share liability for damages. Potential parties in a medical malpractice lawsuit could include but are not limited to:
- Emergency medical services
- Medical clinics
Our Phoenix medical malpractice lawyers thoroughly investigate every aspect of your case. We identify each party who contributed to your injuries. If you suspect a medical provider harmed you, call us to discuss pursuing a claim for compensation.
What Damages Can I Recover for a Medical Malpractice Case in Phoenix, AZ?
Medical malpractice can cause horrific injuries and damages. The law provides for reimbursement of financial losses or economic damages, including:
- Medical bills and expenses
- Lost wages and benefits
- Rehabilitative therapy
- Long-term nursing care
- Out-of-pocket expense
- Personal care and household services
- A decrease in earning capacity
Patients injured because of medical negligence can also recover compensation for their non-economic damages. These damages include:
- Diminished quality of life
- Emotional distress
- Scarring and disfigurement
- Permanent impairment and disability
- Mental anguish
- Loss of enjoyment of life
- Physical pain and suffering
The facts of your case impact how much your medical malpractice case is worth. For example, catastrophic injuries and permanent impairments usually increase the value of damages. However, allegations of comparative negligence can decrease the value of your claim.
How Does Comparative Negligence Apply to Medical Malpractice Claims?
Arizona has a pure comparative negligence statute that applies to personal injury cases. Arizona Revised Statute §12-2505 states that contributory negligence or assumption of risk does not bar an injured party from receiving damages. However, if a party is partially to blame for their injury, their compensation is reduced in proportion to their degree of fault.
Suppose a jury decides you were 10% to blame for an injury. In that case, your compensation for damages would be reduced by 10%.
An insurance company might claim that you failed to disclose a vital piece of your medical history that would have changed how the doctor treated you. For that reason, they could argue that you are partially to blame for the outcome of your treatment.
Our attorneys at Curiel & Runion Personal Injury Lawyers understand how parties use contributory fault to avoid paying the full value of a personal injury claim. Therefore, we are prepared for these tactics and can fight for your interests effectively.
How Much Does It Cost To Hire a Phoenix Medical Malpractice Lawyer?
At Curiel & Runion Personal Injury Lawyers, we take medical malpractice cases for a contingency fee. Therefore, you do not pay our law firm anything upfront when you hire us.
Instead, you pay us only after we recover money for your case. Therefore, you do not need to worry whether you can afford to hire an Arizona medical malpractice attorney to help you with your case. Call today to learn more about how we can help you with your case.
What Is the Deadline for Filing a Medical Malpractice Lawsuit in Arizona?
The statute of limitations for most medical malpractice lawsuits in Arizona is two years. However, there could be exceptions if the patient does not discover the injury until later. There are also exceptions for minors injured because of medical malpractice.
The deadline to file a medical malpractice claim can be difficult to calculate. We strongly encourage you to contact our Phoenix medical malpractice attorneys for a free case review as soon as you suspect medical malpractice caused your injury.
Schedule a Free Consultation With Our Phoenix Medical Malpractice Lawyers
At Curiel & Runion Personal Injury Lawyers, we help you get the compensation you deserve after a medical provider causes you harm. Contact our law firm to schedule a free case review with an experienced Phoenix medical malpractice attorney.
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