Medical malpractice cases are always complicated legal undertakings that follow specific guidelines when being processed. Each state has established laws that pertain directly to medical malpractice claims due to certain factors that exist in medical malpractice claims that do not necessarily apply to a standard personal injury filing. A prime example is the fact that doctors are often considered expert witnesses in other trials, giving them professional latitude that a typical defendant may not enjoy. Another is the fact that their decisions to provide unusual treatment regimens could also be outside the standard medical treatment application. Medical cases are unique in some aspects just like other personal injury claims, and doctors often try what they can to keep a patient alive or at least stable. However, when injuries do occur by negligence or error, cases can be effectively filed and won when an experienced Arizona medical malpractice attorney can prove the injury was due to medical negligence or pro-active malpractice.
Statute of Limitations
Some injuries occur and are not immediately noticed by the victim or their families. These injured parties have up to two years to file a claim beginning from the time the injury was realized. This is why it is best to contact a medical malpractice attorney as soon as possible when damage pursuit is necessary. Many injuries can have long-term implications, and having the case filed quickly is the best first step. Cases involving minor children are exempted to a degree, as the time clock for the filing period does not begin until they turn age 18. This stipulation is very significant and also unique to the state of Arizona for the most part.
Shared Fault
Shared fault is also referred to as comparative negligence in legal speak, and it is assessed as a percentage when a case goes to a full trial. This is a common defense in medical malpractice cases just as in auto accident claims. While actions of the injured patient could impact how an injury develops or contribute to causation, this does not completely exonerate the medical professionals from liability. Arizona uses pure comparative negligence law, so a patient who is equally at fault with the treatment professionals could still receive 50% of their total damage claims.
Although there are no limits on medical malpractice awards or settlements in Arizona, even discounted damage cases can be very valuable. But, it is vital to have an experienced Arizona malpractice attorney representing the case because they are always strongly defended and detail driven.
If you think you have a Medical Malpractice case and need a local Medical Malpractice Lawyer in Arizona contact Tobler Law for help.