In extreme circumstances, a medical care provider may have caused injury or death to a person due to the providers’ own negligence. In this instant, an injured person may have a claim against the medical provider. Generally, if a person has a viable medical malpractice claim, they may recover a monetary award for “damages” sustained as a result of the malpractice. Here are some general types of damages, which may be recovered by an injured person, depending on the facts and circumstances of the case:
- Pain and Suffering
- Reasonable Expenses of Necessary Medical Care
- Lost Earnings
- Loss of Earning Capacity
- Property Damage
- Punitive Damages
In order to legally recover damages, however, there are two general requirements that must be met:
- The damages must relate to the negligence of the medical provider.
- The person must be entitled to recover the damages.
In other words, the injured person must show that the “at-fault” medical provider was negligent and fell below the applicable standard of care of his profession and as a result caused the injured person to sustain injuries and damages. Medical malpractice actions are complex and involve several elements of law and fact, which must exist before an injured person can maintain a viable claim. These issues are normally too complicated for a laymen or inexperienced attorney to handle without assistance. An experienced attorney in this area of law should always be consulted to investigate and assist an injured person to help prosecute their claim. As a general rule, if a person is injured by medical provider in Arizona, a lawsuit must be filed within two years from the date of the accident to preserve the claim. However, there are exceptions to this general rule. For instance, if the injury was caused by an employee of a public/governmental entity (such as a federal, state, county or city employee), other time limitations and statutory provisions come to play. In these cases, the time limitations and statutory provisions must be strictly adhered to, or the case could be forever barred and the injured person would not be able to seek relief in the courts. Another exception is when minors or incompetent people are injured; or when the injured person was injured while on the job and there is a Workers Compensation claim pending. An experienced attorney should always be consulted about all aspects of the case, including the time limitations imposed by law.
Call us now to speak with an experienced Medical Malpractice Attorney! 928-718-8888