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Medical Malpractice Attorney in Phoenix
When medical negligence causes serious injury, we fight to hold providers accountable.
Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Arizona Personal Injury Lawyers
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There are few professions that call for more respect or more trust than those of the medical industry; when you’re hurt or sick, you depend on the doctor to help you recover. Unfortunately, not all medical professionals live up to this expectation, and some even make the problem worse. If you or a loved one have been the victim of medical malpractice, you may be entitled to compensation.
At Morgan & Morgan, we’ve seen the devastating effects that medical malpractice can have on victims and their families, and we’re ready to fight for them. We’re armed with decades of experience and a proven track record that includes $25 billion recovered for our clients across all practice areas.
Don’t wait to get the remuneration you deserve for your hardships—Arizona’s statute of limitations only gives you 2 years from the event to file a lawsuit. Contact our Phoenix, AZ office, or fill out a free, no-obligation case evaluation form today.
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The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
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Injured and not sure what to do next? We'll guide you through everything you need to know.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
What is medical malpractice?
Medical malpractice occurs when a healthcare provider causes harm through negligence, misconduct, or a failure to adhere to proper standards of care. These cases take many forms, including:
- Anesthesia errors
- Emergency room mistakes
- Surgical or postoperative negligence
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Medical device failures
- Medication errors and overprescriptions
- Hospital or systemic failures
Not every bad outcome constitutes malpractice, but when providers cut corners, ignore symptoms, or fail to act as another reasonably skilled professional would, patients have the right to take legal action.
What are some common types of medical malpractice?
Because healthcare encompasses a wide range of fields, malpractice cases can take many forms. Some of the most common include:
- Failure to diagnose or delayed diagnosis occurs when doctors fail to recognize clear warning signs or delay life-saving treatment.
- Surgical and anesthesia errors, from wrong-site surgeries to improper monitoring during anesthesia.
- Medication errors, such as incorrect prescriptions, dosages, or dangerous drug interactions.
- Birth injuries are caused to mothers or infants during pregnancy, labor, or delivery.
- Emergency room mistakes, including misread test results or delayed treatment in overcrowded facilities.
- Post-operative negligence, such as infections or failure to monitor recovery.
- Hospital and systemic failures are often linked to understaffing, poor communication, or inadequate training.
Even though not every bad outcome qualifies as malpractice, if your provider acted in a way that another reasonably skilled professional would not have, you may have grounds for a claim.
What are the most common medical errors in Phoenix hospitals?
Arizona hospitals are expected to follow strict standards, yet errors still occur. Frequent hospital-related malpractice includes:
- Failing to monitor vital signs during surgery or recovery
- Misread or overlooked lab results and imaging scans
- Surgical items left inside a patient
- Improper medication doses or drug combinations
- Delayed care in crowded emergency rooms
These aren’t just mistakes; they’re warning signs of systemic issues, such as understaffing, poor communication, or inadequate oversight.
How long do I have to file a medical malpractice lawsuit in Arizona?
Arizona law places strict deadlines on malpractice claims. Victims generally have a limited window of time to file a lawsuit, starting from when the malpractice occurred or when the injury was reasonably discovered. Missing this deadline can mean losing your right to compensation entirely, which is why it’s critical to speak with a lawyer as soon as you suspect malpractice.
How is medical negligence proven in Arizona?
Medical malpractice cases hinge on evidence. To prove negligence, you’ll need to show:
- A doctor-patient relationship existed.
- The provider owed you a duty of care.
- The provider breached that duty through negligence.
- The breach caused harm, such as worsening your condition, creating new injuries, or leading to death.
Evidence may include medical records, test results, hospital protocols, and testimony from expert witnesses. In fact, Arizona law requires expert testimony in most malpractice cases to establish that the provider deviated from accepted medical standards.
What damages can be recovered?
Victims of medical malpractice in Phoenix may be entitled to compensation for:
- Medical Expenses: hospital bills, surgeries, rehab, prescriptions, and future care.
- Lost Wages: income lost due to missed work or permanent inability to return to your job.
- Pain and Suffering: physical pain, emotional distress, and reduced quality of life.
- Loss of Consortium: damages for spouses and family members impacted by the injury.
- Punitive Damages: in cases of extreme recklessness, to punish and deter misconduct.
- Wrongful Death Damages: funeral costs, lost income, and the loss of companionship for families who’ve lost loved ones.
Because malpractice often causes long-term complications, settlements must account not only for immediate bills but for years, or even a lifetime of care.
What are the steps involved in filing a medical malpractice claim?
Filing a malpractice claim in Arizona involves several steps:
- Case Evaluation: A lawyer reviews your medical history and injuries.
- Gathering Records: Collecting charts, prescriptions, test results, and hospital protocols.
- Expert Review: Medical experts assess whether standards of care were violated.
- Filing the Claim: Your attorney prepares and files the lawsuit before the statute of limitations runs out.
- Investigation and Negotiation: Both sides exchange evidence, often leading to settlement talks.
- Trial (if necessary): If insurers refuse to offer a fair settlement, your lawyer presents your case in court.
These cases are complex, but with experienced attorneys, patients can level the playing field against hospitals and insurance companies.
How are challenges and defenses handled in Arizona malpractice cases?
Hospitals and insurance companies often push back hard. Common defenses include:
- Claiming the patient assumed the risk by signing consent forms.
- Arguing the injury was a known complication, not negligence.
- Blaming pre-existing conditions.
- Minimizing the severity of damages.
A skilled attorney anticipates these tactics and works to dismantle them.
What challenges do families face after medical malpractice in Arizona?
Medical malpractice doesn’t just affect patients; it affects entire households. Families may struggle with:
- Long-term caregiving responsibilities.
- Lost income if the injured person can’t return to work.
- Emotional strain from trauma and uncertainty.
Compensation can’t undo the harm, but it can provide resources for recovery, stability, and closure.
Do most malpractice cases go to trial?
Many medical malpractice claims settle before trial; however, due to the high stakes, insurers and hospitals often fight hard to avoid paying. Morgan & Morgan prepares every case as if it will go to trial, sending a message that we won’t settle for less than full and fair compensation.
How does Morgan & Morgan investigate malpractice cases?
We approach medical malpractice cases with a combination of legal firepower and medical expertise. Our team works with specialists to review records, depose witnesses, and uncover where the breakdown in care occurred. We also utilize electronic medical records and digital forensics to identify errors, missed entries, or altered charts that may indicate negligence or other issues.
With more than $25 billion recovered for clients nationwide, we possess the size, resources, and track record to take on hospitals, doctors, and insurance companies and achieve success.
Why hire a medical malpractice attorney in Phoenix?
Medical negligence cases aren’t like ordinary injury claims. They require a deep understanding of healthcare law, access to credible expert witnesses, and the ability to take on powerful defendants backed by major insurance companies. Without a lawyer, victims risk being dismissed or underpaid.
Hiring Morgan & Morgan gives you an advocate who can navigate Arizona’s unique malpractice laws, investigate your case thoroughly, and fight for maximum compensation. And remember: you don’t pay us unless we win.
If you or a loved one has suffered due to medical malpractice in Phoenix, you deserve answers and justice. Contact Morgan & Morgan today for a free, no-obligation case evaluation. We fight For The People, Not The Powerful, and we’re ready to stand by your side.