8 Commonly Asked Medical Malpractice Questions
By Craig Knapp on November 8, 2021

No two medical malpractice claims are alike. However, there are some questions commonly asked by victims of medical malpractice. The following are general answers to these inquiries.

If you have a medical malpractice claim or need advice regarding a potential medical malpractice lawsuit, it is imperative you seek the advice of a seasoned medical malpractice attorney in Phoenix for case-specific guidance.

1. What is Medical Malpractice?

In Arizona, medical malpractice claims are based on the legal theory of negligence. Negligence requires proof that a medical professional or provider failed to follow the accepted standards of care of the medical industry.

2. How Do You Prove a Medical Malpractice Case?

To win a medical malpractice claim, it is necessary to prove the following four elements:

• A doctor-patient relationship. The doctor must agree to treat you and explain the method they will use during treatment. This also establishes the doctor’s professional obligation to provide appropriate care and treatment;
• A breach of duty. The doctor breached their duty to provide the level of care that others with the same training and experience would have under the same circumstances;
• Causation. The medical practitioner’s breach of duty caused your injury or worsened your condition; and
• You suffered damages. The doctor’s negligence harmed you in some way, whether physically, financially, emotionally, or psychologically.

3. What is the Average Medical Malpractice Settlement?

No two medical malpractice cases are alike, and there is no average settlement for a medical malpractice case. The value of a medical malpractice case depends on several factors that are outside the control of the patient or their family. These may include the amount of insurance coverage available, the extent of the victim’s injuries, and the strength of the malpractice claim.

4. How Do You File a Medical Malpractice Claim?

The majority of medical malpractice claims require an experienced medical malpractice attorney and a team of other professionals, including doctors and injury specialists. Once you retain an attorney, they will obtain all of your medical records.

Next, the attorney will review these records with the help of experts to determine if you have a potential medical malpractice case. If so, the attorney will file a lawsuit on your behalf.

5. How Many Medical Malpractice Cases Go to Trial?

Only an estimated 7% of medical malpractice cases go to trial.

6. What Health Care Providers are Liable for Medical Malpractice?

Any variety of health care professionals are liable for medical malpractice. These include but are not limited to:

• Family practitioners;
• Surgeons;
• Dentists;
• Psychiatrists;
• Nurse practitioners;
• Chiropractors; and
• Physician’s assistants.

7. What Are Some Common Types of Medical Malpractice?

Medical malpractice can happen in any setting or during any procedure. Common types of medical malpractice are:

• Failure to diagnose or treat;
• Surgical error;
• Misdiagnosis;
• Administering the wrong medication or dosage; and
• Birth injuries.

8. Are There Statutes of Limitations for Medical Malpractice Claims?

The statute of limitations for medical malpractice in Arizona is two years. The cause of action begins to accrue when the patient knows or should have known that the medical malpractice occurred.

Contact an Experienced Phoenix Medical Malpractice Attorney Today

If you suspect that you or someone you love is the victim of medical malpractice, do not wait to get professional legal help. Contact the experienced medical malpractice attorneys at Knapp & Roberts for a complimentary consultation and case review.

Every patient has the right to an acceptable standard of health care and medical treatment. Speaking out against a negligent provider may prevent others from receiving inadequate medical care or injuries in the future.