Medical Malpractice Attorney Phoenix

Are you or a loved one in Phoenix, Arizona, facing the consequences of medical malpractice? When medical professionals fail in their duty to provide proper treatment, it can result in serious injuries, catastrophic outcomes, or even wrongful death. In these trying times, you need experienced medical malpractice attorneys who can navigate the complex legal process and help you obtain the monetary compensation you deserve.

At Breit Biniazan, our team of dedicated Phoenix medical malpractice lawyers is here to serve you. With a deep understanding of the healthcare industry, medical procedures, and the legal community in Phoenix, we are well-equipped to handle medical malpractice cases with the utmost expertise and care.

What is Medical Malpractice?

Medical malpractice is a complex legal issue that arises when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the expected standard of care, resulting in harm to a patient. In Phoenix, Arizona, medical malpractice lawyers specialize in handling medical malpractice cases.

Victims of medical negligence turn to these experienced medical malpractice attorneys to seek legal advice and pursue medical malpractice claims. Such claims can arise from various situations, including surgical errors, improper diagnosis, birth injuries, hospital malpractice, or pharmaceutical companies’ negligence. To prove medical malpractice, one must demonstrate that a healthcare provider failed in his or her duty, leading to serious injuries, catastrophic injury, wrongful death, or other health-related issues.

Medical malpractice cases can entail significant medical expenses, lost wages, and emotional trauma for the injured patient. Therefore, medical malpractice lawyers play a crucial role in helping their clients obtain compensation for their damages, navigating the legal process, and negotiating with insurance companies. They work with medical experts and examine medical records to build a strong case.

In the Phoenix area, our personal injury attorneys at Breit Biniazan work hard to ensure that injured clients receive the necessary legal services and have the opportunity to seek monetary compensation for the harm caused by healthcare professionals and facilities.

Common Types of Medical Malpractice

Medical malpractice can take various forms, including but not limited to:

Surgical Errors

Surgical procedures are intricate and sensitive, and even minor mistakes can have severe consequences. Medical malpractice in surgery may involve errors such as operating on the wrong body part, leaving surgical instruments inside the patient, or damaging surrounding tissues and organs. These mistakes can result in complications or injuries, often requiring further medical intervention to correct the errors.

Misdiagnosis or Delayed Diagnosis

Accurate and timely diagnosis is fundamental to effective medical treatment. However, when medical professionals fail to correctly identify a medical condition or significantly delay diagnosis, patients can suffer from worsened health outcomes. For example, misdiagnosing cancer as a benign condition can lead to delayed treatment and a reduced chance of recovery.

Medication Errors

Medication errors encompass a range of mistakes, including prescribing the wrong medication, administering the wrong dosage, or providing medication to a patient with known allergies. These errors can have serious consequences, potentially causing adverse reactions, overdose, or other harm to the patient.

Birth Injuries

Childbirth should be a joyous occasion, but medical malpractice during the birthing process can lead to injuries for both infants and mothers. These injuries can include oxygen deprivation, nerve damage, fractures, or brain injuries to the baby due to errors made by healthcare providers during labor and delivery.

Hospital Malpractice

Hospitals are complex environments where multiple healthcare professionals interact with patients. Hospital malpractice can involve inadequate care, neglect of patient needs, or sanitation issues that put patients at risk of infections or other complications. Proper patient monitoring and care coordination are critical to prevent such incidents.

Failure to Provide Informed Consent

Patients have the right to make informed decisions about their medical treatment. Medical professionals must obtain proper patient consent before performing any medical procedure. Failing to explain the risks, benefits, and alternatives of a procedure or performing it without the patient’s informed consent can constitute medical malpractice.

These common types of medical malpractice highlight the potential for errors and negligence within the healthcare industry. Victims of medical malpractice may experience serious illness, injuries, or even wrongful death, necessitating the expertise of medical malpractice lawyers to seek justice and compensation for their suffering.

Contact a Phoenix medical malpractice attorney at Breit Biniazan today.

Examples of Medical Malpractice

Medical malpractice cases can be intricate and emotionally challenging, as they often involve life-altering consequences for patients and their families. Here are some real-life examples that illustrate the complexity and severity of such cases:

Surgical Instrument Left Inside a Patient

In a distressing case of medical negligence, a surgeon inadvertently left a surgical instrument, such as a sponge or a clamp, inside a patient’s body after a procedure. This oversight can lead to infections, organ damage, chronic pain, and the need for additional surgeries to remove the foreign object. Patients who experience this type of medical malpractice may require extensive medical care and endure unnecessary suffering.

Delayed Cancer Diagnosis

Perhaps one of the most distressing  examples involves a patient who receives a delayed cancer diagnosis. For instance, a doctor may misinterpret or overlook early warning signs, allowing the cancer to progress to an advanced stage. This delay can significantly reduce the chances of successful treatment, leading to more aggressive treatments, diminished quality of life, and a shorter life expectancy for the patient.

Anesthesia Dosage Error

Anesthesiologists play a critical role in ensuring patient safety during surgery. However, an error in administering anesthesia, such as providing too much or too little, can result in serious complications. An overdose can lead to anesthesia awareness, where the patient is conscious during surgery but unable to move or communicate, causing psychological trauma. Conversely, inadequate anesthesia can lead to awareness of pain during the procedure or delayed awakening after surgery, which can result in brain damage or other serious injuries.

Failure to Monitor a Patient’s Condition

Proper monitoring of a patient’s condition is essential to identify and address any complications promptly. Medical malpractice may occur when healthcare providers neglect their duty to monitor patients adequately. For instance, a nurse may fail to monitor a postoperative patient’s vital signs, potentially missing signs of distress or complications, leading to further harm or even death.

These real-life examples underscore the devastating impact medical malpractice can have on patients and their loved ones. Victims of such negligence may face not only physical and emotional challenges but also significant medical expenses, lost earnings , and a decreased quality of life. Seeking legal representation from experienced medical malpractice attorneys is crucial in these cases to hold healthcare providers accountable and obtain the compensation needed to address the consequences of these preventable errors.

Proving Medical Malpractice

Doctor-Patient Relationship

The first crucial step in proving medical malpractice is establishing the existence of a doctor-patient relationship. This means showing that you sought medical care from the healthcare provider in question, and they agreed to provide you with medical treatment or advice. This relationship forms the basis of the legal duty owed to you by the healthcare provider.

Deviation from the Standard of Care

To prove medical malpractice, it is essential to demonstrate that the healthcare provider deviated from the standard of care expected in their field. This involves showing that their actions or decisions during your treatment did not align with the accepted norms and practices within the medical community. Medical experts are often called upon to provide their opinions on whether the provider’s actions constituted a departure from the standard of care.

Causation of Harm or Injury

Another critical element in a medical malpractice case is establishing a direct link between the healthcare provider’s deviation from the standard of care and the harm or injury suffered by the patient. This requires showing that the provider’s negligence was a proximate cause of the adverse outcomes, such as worsening health, prolonged recovery, additional medical procedures, or other negative consequences.

Medical malpractice lawsuits can be complex, involving intricate medical procedures and terminology. That’s where our experienced medical malpractice lawyers in Phoenix can be invaluable. They have the expertise to navigate the legal intricacies, collaborate with medical experts to assess the standard of care, collect and analyze medical records, and build a compelling case on your behalf.

Liability of Healthcare Professionals

Medical malpractice claims can extend to various healthcare professionals, including doctors, nurses, surgeons, anesthesiologists, and other medical professionals. In some cases, pharmaceutical companies and medical facilities may also be held accountable.

Proving liability often relies on a combination of medical records, witness statements, and expert testimony. In some instances, the doctrine of “res ipsa loquitur”, meaning “the thing speaks for itself,” comes into play. This doctrine asserts that if an injury or illness could only have resulted from an act of negligence, the injury itself may serve as evidence of liability. In cases invoking “res ipsa loquitur”, the burden of proof shifts to the defendant rather than resting solely on the plaintiff.

Healthcare professionals can be held liable for a range of malpractice acts, including:

1. Diagnosis Errors: These occur when healthcare providers fail to reasonably interpret symptoms, perform recommended tests, or accurately interpret test results, resulting in an improper diagnosis or a failure to diagnose.
2. Treatment Errors: Mistakes made by doctors, anesthetists, surgeons, and others during the course of their work can lead to significant harm. Examples include dosing errors, performing surgery on the wrong body part, recommending incorrect treatment based on a patient’s history, and leaving medical implements inside a patient’s body.
3. Consent and Advisory Failures: Treating physicians are responsible for thoroughly explaining medical conditions, treatment protocols, and associated risks to patients. Informed consent is essential before proceeding with any medical procedure.

These examples provide only a glimpse into the complexities of medical malpractice cases in the United States. Numerous nuanced statutes and case precedents determine whether a specific act constitutes malpractice. At Breit Biniazan, our team of experienced Phoenix medical injury attorneys can assist you in assessing whether a medical professional’s failure warrants a malpractice claim and guide you through the legal process to seek the compensation and justice you deserve.

Choosing Breit Biniazan for Your Medical Malpractice Claim

Why choose Breit Biniazan for your medical malpractice claim in Phoenix?

When it comes to choosing legal representation for your medical malpractice claim in Phoenix, Breit Biniazan stands out as the optimal choice for several compelling reasons:

Experience

Our team of highly skilled medical malpractice attorneys brings a wealth of experience to the table. With a proven track record of successfully handling a wide array of medical malpractice cases in Phoenix and beyond, we have demonstrated our ability to navigate the complexities of these cases and secure favorable outcomes for our clients.

Personalized Approach

We recognize that every medical malpractice case is unique, shaped by its specific circumstances and the experiences of the individuals involved. That’s why we take a personalized approach, ensuring that each client receives the individualized attention and care they deserve. We believe in the importance of listening to your story, understanding your concerns, and tailoring our legal strategies to meet your specific needs and objectives.

Legal Expertise

Our team possesses extensive knowledge and expertise in personal injury law, particularly in the realm of medical negligence and malpractice. We are well-versed in the legal intricacies and nuances that accompany medical malpractice claims, allowing us to provide you with representation that maximizes your chances of a successful outcome.

Free Consultation

We recognize the importance of taking the first step in pursuing your medical malpractice claim. To make this process as accessible and straightforward as possible, we offer a free initial consultation. This consultation serves as an opportunity for us to evaluate the merits of your case, discuss your legal options, and provide you with valuable initial legal advice.

Monetary Compensation

At Breit Biniazan, our ultimate goal is to secure the compensation you rightfully deserve. We understand that medical malpractice cases often entail substantial medical expenses, lost wages, and other damages that can have a profound impact on your life. Through diligent legal advocacy, we strive to help you obtain the financial relief you need to cover these expenses and move forward with your life.

In a city like Phoenix, where medical malpractice cases can be intricate and emotionally taxing, you can rely on our team of experienced medical malpractice attorneys to provide you with steadfast support and exceptional legal representation. We are committed to seeking justice on your behalf, holding negligent healthcare providers accountable, and helping you navigate the complexities of the legal process with confidence. Your well-being is our top priority, and we are here to guide you every step of the way.

Medical Malpractice FAQ’s

What should I do if I suspect medical malpractice?

Seek legal advice immediately to assess the viability of your case.

What compensation can I recover in a medical malpractice lawsuit?

You may be eligible for compensation for medical bills, lost wages, pain and suffering, and more.

How long do I have to file a medical malpractice claim in Phoenix?

Statutes of limitations vary, but it’s crucial to act promptly to protect your rights. Usually in Phoenix the time limit is 2 years.

At Breit Biniazan, we’re here to provide the legal services you need during this challenging time. Contact an experienced medical malpractice attorney today for a free consultation, and let us help you seek justice for your injuries. We are dedicated to standing by your side, advocating for your rights, and working towards the best possible outcome for your case in the Phoenix area.

Schedule your free and confidential case evaluation with our Phoenix legal team by calling (602) 529-5466.