When you are ill, injured, or need medical treatment, you trust healthcare professionals to find the most appropriate cures to restore your health. Unfortunately, these professionals can sometimes cause harm through medical malpractice. If you or a loved one has been injured due to negligence or improper practice, an experienced Mesa medical malpractice lawyer could help you seek compensation.
At Elmm Law Group, our skilled and compassionate personal injury attorney could assess your case and advise you on the best path forward.
Medical professionals such as doctors and nurses are expected to adhere to a standard of care. This means providing treatment consistent with what a responsible health care professional would consider reasonable.
Medical malpractice is a form of professional negligence where a licensed medical provider violates the standard of care, resulting in harm or injury to a patient. It can happen due to failure to diagnose, misdiagnosis, surgical error, or another mistake. The damage a patient suffers due to medical malpractice is often preventable.
An experienced Mesa attorney can help establish the four elements essential for successfully proving medical malpractice.
The first element is the duty of care, which arises from the physician–patient relationship. This means the health care provider is obligated to adhere to a standard of care expected in the medical community for physicians with the same credentials and expertise.
A breach of duty occurs when a medical professional’s actions or inactions fall below the required standard. This can be through negligence, omission, or direct action that a competent health care provider would not have taken.
Causation involves connecting the breach of duty directly to the patient’s injury. A direct causal connection between the breach and the harm must be established.
Finally, damages refer to the harm that the patient endured, which can be physical, emotional, or financial. These damages form the basis for the compensation sought in a lawsuit.
Under state law, a medical malpractice lawsuit must be filed before the statute of limitations runs out. A statute of limitations is a state law that imposes a time limit on bringing a lawsuit to court. In Mesa, like the rest of Arizona, medical malpractice falls under the statute of limitations for personal injury claims. Under Arizona Revised Statutes § 12-542, a claim must be filed within two years of the occurrence of the injury. However, the cause of action does not accrue until the patient knows or should have known that malpractice occurred.
A qualified lawyer could help a person injured by medical malpractice in Mesa avoid letting the statute of limitations run out.
Medical malpractice injuries can adversely affect your health and well-being. If a medical error has harmed you or a loved one, a Mesa medical malpractice lawyer could help by investigating the malpractice, valuing the claim, communicating with insurance companies, and filing a lawsuit.
Our team at Elmm Law Group is here to help you navigate the complexities of the legal system and obtain the compensation you deserve. Contact us today for an initial consultation.
Given our firm specializes in and exclusively handles personal injury cases, we’re able to provide one-on-one Client-Attorney contact to ensure our clients feel heard. Also, we don’t get paid unless you do! Our team can provide multilingual services in English, Spanish, and Serbo-Croatian.
If you’ve been injured in a car crash, motorcycle wreck, pedestrian accident, trucking collision, or from a dog bite, call our Phoenix personal injury lawyer today for a FREE consultation. We’re available 24/7!
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