Medical Malpractice Causing an Arizona Wrongful Death
Have you lost a loved one after a medical provider exhibited reckless behavior such as providing medical care while under the influence of drugs or alcohol? Perhaps the negligence of nursing staff meant that your loved one did not receive the medication they required? Perhaps the failure of hospital staff to maintain levels of hygiene and prevent contagion led to a secondary infection causing your loved one’s death? All of these cases are examples of medical malpractice causing wrongful death. Luckily, Arizona law is favorable to plaintiffs seeking financial compensation for damages.
In order to receive the full financial compensation you are due, you will need the services of a qualified wrongful death lawyer in Arizona. The burden of proof in medical malpractice suits rests on the plaintiff, so you will need a qualified professional to help prove that your loved one’s death was without question caused by the negligence of their medical provider.
Most medical malpractice suits are settled out of court, and while some families are tempted to represent themselves during settlement negotiations, it is important that you have a qualified attorney that will protect your family’s interests and prevent the defendant’s lawyers from taking advantage of your lack of legal expertise.More About Medical Malpractice in Arizona
What, exactly, is considered medical malpractice in Arizona? Every state has their own laws pertaining to medical malpractice, so make sure you hire an Arizona injury attorney who has experience navigating cases like yours. In order to be considered guilty of medical malpractice causing an Arizona wrongful death, a medical provider must exhibit one of the following:
- Reckless act
- Wrongful act
- The state operates under a comparative negligence doctrine, meaning that a victim’s family can still seek damages even if the patient was somewhat at fault.
- The state does not limit the amount of damages medical malpractice plaintiffs are eligible to seek. Whatever damages you and your lawyer decide to seek, you are eligible to seek in full.
- The state bans periodic payment of financial settlements. This means that all the money you are eligible to receive, you will receive upfront.
- The state requires plaintiffs to provide an expert medical affidavit confirming the existence of medical negligence or wrongful act. The affidavit must not only confirm the presence of this negligence but that the negligence was responsible for the injuries resulting in death.
- Note that the state does not consider a medical provider guilty of medical malpractice if the provider was required to provide treatment by their employer even after they expressed their unwillingness—in this case, the provider’s employer could be held financially responsible for damages.
- You must file a medical malpractice suit within two years of the date of the wrongful death or the treatment that resulted in wrongful death. As soon as is reasonably possible, it is important that you contact a wrongful death lawyer in Arizona to begin filing your medical malpractice suit.
When you are ready to begin searching for an Arizona injury attorney, consider hiring Arizona attorney Jesse Guerra. Wrongful death attorney Jesse Guerra has spent his career protecting the rights of accident victims and their families; his years of legal expertise and determination to win his clients the compensation they are due has made him one of the foremost personal injury attorneys in Arizona. If you would like to learn more about his history, practice areas, or availability, visit his page on the Carabin Shaw website.
If you would like to schedule a no-cost, no-obligation initial consultation with Mr. Guerra, call our offices toll-free today at 1-800-555-0101. When you work with a Carabin Shaw lawyer, you work with an extended family of qualified lawyers and customer care representatives who can assure the best possible experience for your family during this difficult time.