Medical malpractice occurs when a healthcare provider’s negligence or substandard care results in harm to a patient. In Arizona, patients who suffer injuries due to medical malpractice have legal rights to seek compensation for their damages. If you suspect that you or a loved one has been the victim of medical malpractice, it is essential to take specific steps to protect your health, preserve evidence, and explore your legal options.

Here’s what you need to know if you suspect medical malpractice in Arizona.

Medical malpractice cases can be highly complex, requiring expert testimony and an in-depth understanding of medical procedures and standards of care. Consulting with an experienced Arizona medical malpractice attorney is a critical step in evaluating your case. A lawyer can help determine whether malpractice occurred and guide you through the legal process, including gathering evidence, working with medical experts, and negotiating with insurance companies.

1. Seek Immediate Medical Attention

Your health and safety should be your first priority. If you believe a medical professional’s mistake has caused harm, seek immediate medical attention from another healthcare provider. A different doctor can help correct the issue, provide appropriate treatment, and prevent further harm.

Additionally, receiving care from another provider helps document the injuries and complications caused by the suspected malpractice. Having these records will be important if you choose to pursue legal action.

2. Document Everything

In any potential medical malpractice case, thorough documentation is crucial. Begin by keeping detailed notes about your treatment, including:

  • Dates of treatments and procedures
  • Names of healthcare providers involved
  • Symptoms and medical complications you experienced following the treatment
  • Conversations you had with doctors regarding your condition and treatment options

Be sure to gather copies of your medical records, test results, prescriptions, and any written communications with your healthcare provider. This documentation will serve as critical evidence in determining whether malpractice occurred and the extent of your injuries.

3. Understand What Constitutes Medical Malpractice

Not every bad medical outcome is the result of malpractice. In Arizona, to have a valid medical malpractice claim, you must prove that:

  • A doctor-patient relationship existed: You must show that the healthcare provider in question was responsible for your care and owed you a duty of care.
  • The healthcare provider was negligent: The doctor or medical professional failed to meet the standard of care that a reasonably competent provider would have delivered under similar circumstances.
  • The negligence caused injury: The provider’s substandard care directly resulted in harm, whether it be physical, emotional, or financial.
  • Damages occurred: You must show that the negligence caused significant damages, such as medical expenses, lost wages, pain and suffering, or long-term disability.

5. Know Arizona’s Medical Malpractice Statute Of Limitations

In Arizona, medical malpractice claims must generally be filed within two years from the date of the injury or when the injury was discovered. However, certain exceptions may apply, such as in cases involving minors or when the injury wasn’t immediately apparent.

Failing to file a lawsuit within the statute of limitations can result in losing your right to pursue compensation. Your attorney can help determine when the clock began ticking on your claim and ensure your case is filed on time.

6. Consider Gathering Expert Opinions

Arizona law requires that medical malpractice claims be supported by a medical expert affidavit. This affidavit must be submitted at the time of filing a lawsuit and must include a sworn statement from a qualified medical expert that the healthcare provider’s actions fell below the accepted standard of care.

An expert witness can provide valuable insight into your case by explaining how your provider’s actions deviated from accepted practices and contributed to your injury. Your attorney will work to find the appropriate expert for your case.

7. Evaluate Settlement Vs. Litigation

Many medical malpractice claims are settled out of court, as insurance companies often prefer to avoid the costs and risks associated with a trial. However, settlement offers may not always fully compensate you for your damages, especially if your injuries are severe or life-altering.

Your attorney will help you weigh the pros and cons of accepting a settlement offer versus pursuing litigation. If a fair settlement cannot be reached, your case may proceed to trial, where a judge or jury will decide the outcome.

Take The Right Steps

Suspecting medical malpractice in Arizona can be a stressful and overwhelming experience. However, by taking the right steps — such as seeking immediate medical care, documenting your injuries, and consulting an attorney — you can protect your rights and pursue the compensation you deserve. Medical malpractice cases are complex, but with the guidance of a knowledgeable attorney, you can navigate the legal process and seek justice for the harm you’ve suffered.