Arizona Medical Negligence Attorneys with Offices in Tucson and Yuma

A recent study by Healthgrades found that an average of 195,000 U.S. hospital deaths in each of the years 2000, 2001 and 2002 were due to potentially preventable medical errors. This study supported the earlier results of the 1999 study by the Institute of Medicine of the National Academy of Sciences indicating that between 44,000 and 98,000 patients died each year as a result of medical errors - just in our nation’s hospitals. There is no accurate estimate as to how many die as a result of iatrogenic causes or medical errors committed outside the hospital setting in clinics, private doctors offices, or other treatment facilities.

In 2006, a follow-up to the 1999 Institute of Medicine of the National Academies study found that medication errors were among the most common medical mistakes, harming at least 1.5 million people every year. Approximately 400,000 preventable drug-related injuries occur each year in hospitals, 800,000 in long-term care facilities, and 530,000 among Medicare recipients in outpatient clinics. Another study noted that on average, a hospital patient is subject to at least one medication error per day.

This means that more people die in the U.S. each year from medical negligence than from colon cancer (48,000), breast cancer (40,000), prostate cancer (30,000), pancreatic cancer (30,000) or motor vehicle accidents (42,000).

In spite of the prevalence of medical negligence, the Harvard Medical Practice Study, found that only one in eight patients that suffers an injury due to medical malpractice ever files a lawsuit.  According to the study published in the New England Journal of Medicine roughly 2% of the patients injured by negligent medical treatment filed malpractice claims. Our firm specializes in representing patients and their families who have been harmed or killed as a result of medical negligence.
Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, hospital, hospital worker, or nurse’s aide whose treatment departs from the accepted standard of care met by those with similar training and experience and which results in injury to the patient.  When an injury or death is caused by medical negligence you or your loved one should be fully compensated for the damages suffered.

Medical negligence claims are usually complex, expensive and difficult cases. In most cases, medical experts will have to be retained in order to review your claim. Before a claim can be brought, your lawyer must be able to prove that:

The health care provider's actions were below the acceptable standard, and the negligent action or omission caused an injury to the patient by worsening the patient's medical condition or increasing the chances of future harm.
Examples of medical negligence include the health care provider's failing to diagnose or misdiagnosing your condition, failing to timely or properly treat the condition, or failing to anticipate a situation they should have anticipated.

At Shultz & Rollins, Ltd., we understand the medicine involved in medical negligence cases and have the skills and experience to discuss these issues with the experts needed to get your case prepared for trial and resolution. If you believe you have suffered an injury due to medical negligence, you should speak to an experienced attorneyas early as possible so that your case may be thoroughly investigated.


Links:
Arizona Medical Board
National Practitioner Data Bank
Insititute of Medicine of the National Academies
Healthgrades
American Iatrogenic Association
National Institutes of Health
American Medical Association
National Association for Home Care & Hospice

 

COMMON QUESTIONS ABOUT MEDICAL MALPRACTICE:

What is medical negligence?
Medical negligence or medical malpractice exists when a  health care provider, such as a doctor, nurse, hospital, or nursing home’s treatment  deviates from the accepted standard of care met by those with similar training and experience under the circumstances and which results in injury or death to the patient .

What does the word "iatrogenic" mean?
 Iatrogenic means induced in a patient by a physician's actions.  Iatros means physician in Greek, and -genic, means induced by.

If I think I have a medical malpractice claim, what should I do?
Contact an experienced medical negligence lawyer as soon as possible. Arrange an initial consultation so you can explain what has happened and, if possible, bring your medical records to your meeting. Remember, time is of the essence because there are time limits governing how long someone may bring a medical malpractice suit.

How do I get my medical records?
In Arizona, with very few exceptions, a patient has a legal right to obtain copies of their medical records form the doctor, hospital or other medical provider. Form the doctor should read from the doctor.

What is required to prove a medical malpractice case?
To prove medical negligence, you must establish:

  • A legal duty owed to the patient was breached. A duty exists whenever a health care provider or hospital undertakes care or treatment of a patient. That duty is breached when the provider fails to conform to the applicable standard of care. The standard of care is generally proven by expert testimony; and
  • The breach was the proximate cause of an injury or death and resulted in damages to the patient or survivors in the case of the patient’s death.

What damages can be recovered in a medical negligence injury or death case?
The parties responsible for the medical negligence and injuries or death can be required to pay damages. A seriously injured plaintiff may be entitled to recover:
Medical expenses (past and future)
Loss of income (past and future)
Loss of earning capacity
Past and future pain, suffering and emotional distress
Loss of consortium
And, depending upon the circumstances, punitive damages.

If a person dies because of medical negligence, the survivors may recover monetary damages for their economic losses such as lost financial support and funeral expenses in addition to their emotional distress damages for loss of love, society and companionship.

To schedule a free confidential consultation and preliminary case evaluation to see if your case is appropriate for our firm to handle call us


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