Most doctors are good doctors who care about their patients. Unfortunately, in spite of that fact, medical malpractice is a pervasive problem here in Arizona. Medical malpractice is among the top three leading causes of death in the United States, just after heart disease and cancer. We often hear horrible stories, from devastating surgical errors to birth injuries. But we often don’t give them a second thought—until it happens to our family.
The consequences of medical malpractice can follow you for a lifetime. If you’ve been a victim, you may be able to recover damages for your injuries. As an injured patient, you may be entitled to recover compensation through a legal claim against the responsible healthcare provider. Our Phoenix medical malpractice lawyers can talk to you about what occurred and can help you get the information you need to make the right choices about moving forward with a lawsuit.
Holding the Medical Field in High Regard
Cullan & Cullan is a law firm with four lawyers who are also doctors. With our medical and legal experience, we are uniquely equipped to offer sound guidance. Our legal specialization in medical malpractice means you will have a seasoned malpractice attorney on your side—essential for these complex cases. Medical malpractice cases in Arizona are particularly difficult due to the specialized knowledge required to pursue them, and our law firm’s dual expertise as doctors and lawyers provides a unique advantage.
To learn more, call (928) 238-9787 for a free case evaluation with one of our skilled Arizona medical injury attorneys.
What Is Medical Malpractice?
The term “medical malpractice” refers broadly to a health professional or any health care provider who fails in his or her duty to provide reasonable care to a patient. Doctors aren’t the only ones capable of committing malpractice; any member of a healthcare team, from a pharmacist to a nurse, as well as hospitals and other health care providers, can be guilty of negligence.
Holding the Medical Field in High Regard
Medical malpractice claims hinge on proving that a medical professional or health care provider failed in fulfilling his or her obligation to provide reasonable care. In the legal realm, the term “reasonable care” refers to a situation in which a competent provider, or more specifically, a reasonably competent provider, would have acted with more care given the same circumstances. This standard is used to determine whether the provider’s actions met the level of skill and knowledge expected in the medical community.
For example, imagine you’re a patient who felt a lump under your skin. You see your primary care physician, who dismisses it as fatty tissue. The lump grows over time, and later you’re diagnosed with cancer. In this situation, most other doctors would have ordered tests to rule out the possibility of cancer, so your doctor acted negligently. This is a type of medical error that results from a lack of up-to-date medical knowledge and failure to provide appropriate medical treatment.
Proving Malpractice: Four Essential Elements
Providing sufficient evidence for medical malpractice requires these basic elements:
You must prove that a doctor/patient relationship existed. You must have entered into a professional relationship with the doctor or other healthcare provider. In other words, a casual conversation at a cocktail party is not sufficient grounds for a suit.
That doctor was negligent in your care. Medical malpractice claims, like most personal injury claims, rely on the idea that your provider committed negligence (or failed in his or her duty of care). Being unhappy with the quality of your treatment isn’t enough to recover damages.
Negligence was responsible for your injuries. You must prove that your provider’s actions directly lead to your damages. Since doctors often deal with those who are already sick or injured, proving this requires the help of a skilled attorney.
You suffered quantifiable injuries. You must provide specific evidence of damages as a result of your care. For example, your injury may lead to economic damages, like medical bills and lost wages due to missed work. You may also suffer general damages, which cover intangible losses like emotional suffering and physical pain.
To have a valid medical malpractice case in Arizona, your claim must be reviewed by medical experts who can evaluate whether the provider deviated from the accepted standard of care. Arizona law requires a qualified medical expert to review the case and confirm that the provider's actions fell below the accepted standards of care. Additionally, Arizona requires an affidavit of merit from a qualified medical expert, and plaintiffs must file their claim within a two-year statute of limitations—these procedural requirements can create significant challenges for those pursuing a malpractice case.
Because medical malpractice cases are complex, it is essential to work with attorneys who collaborate with medical experts. In Arizona, testimony from a qualified medical expert is required to establish the standard of care and demonstrate how it was violated.
Common Types of Medical Malpractice
There are countless varieties of medical malpractice since each case is unique. These are some of the most common:
Failure to diagnose refers to a situation in which another doctor would have discovered a disease or condition in the same or similar circumstances. Misdiagnosis or delayed diagnosis can limit treatment options and lead to permanent damage.
Improper treatment is any circumstance in which another healthcare professional would have provided a more effective course of care.
Failure to appropriately warn****about the risks refers to a situation in which a physician neglects to outline a procedure or inform you of possible negative outcomes before you give consent.
Surgical errors can include wrong-site surgeries, retained instruments, and preventable infections, all of which can cause serious harm to patients.
Anesthesia errors occur when anesthesia is improperly administered or monitored, potentially resulting in serious harm, preventable injuries, or even wrongful death.
Birth injuries can result from errors during labor and delivery, leading to conditions like cerebral palsy or nerve damage.
Healthcare professionals are responsible for providing a certain standard of care when they treat patients. When those professionals fail to act in a way any other similarly skilled professional would have under the circumstances, they are liable for the pain, suffering, and losses a patient endures. At Cullan & Cullan, our Phoenix medical malpractice attorneys are also doctors. We provide highly skilled counsel in medical malpractice cases in Phoenix and surrounding areas.
In addition to medical malpractice, our personal injury attorneys also handle cases involving nursing home abuse and elder abuse. Protecting vulnerable patients from neglect, mistreatment, and serious harm is a priority, and legal action can help ensure the safety and dignity of elderly residents.
Hospital Negligence
Hospital negligence is a serious form of medical malpractice that occurs when a hospital or its staff fails to provide the standard of care that patients deserve, resulting in harm or injury. This can take many forms, including medication errors, surgical mistakes, inadequate staffing, or unsanitary conditions that put patients at risk. Such negligence can lead to devastating outcomes, from surgical errors and birth injuries to wrongful death. In Phoenix, AZ, hospital negligence cases require the expertise of medical malpractice attorneys who understand both the medical and legal complexities involved. If you or a loved one has suffered due to hospital negligence, it’s crucial to work with seasoned medical malpractice lawyers who can help you pursue malpractice claims and seek compensation for your losses. At Cullan & Cullan, our team is dedicated to holding hospitals accountable and ensuring that victims of personal injury receive the justice they deserve under personal injury law.
Diagnostic Errors
Diagnostic errors are among the most common—and most dangerous—types of medical malpractice. When healthcare providers fail to accurately diagnose a patient’s condition, the consequences can be life-altering. These errors may result from inadequate medical training, faulty medical devices, or breakdowns in communication between medical professionals. The result can be delayed treatment, incorrect treatment, or even wrongful death. If you or a loved one has suffered a serious injury due to a diagnostic error in Phoenix, AZ, it’s important to consult with medical malpractice attorneys who have experience handling these complex cases. A qualified medical expert can help establish whether the standard of care was breached and if the actions of healthcare providers led to your injuries. With the right legal support, you can hold negligent medical professionals accountable and seek the compensation you need to move forward.
Birth Injuries and Medical Malpractice
Birth injuries are a heartbreaking result of medical negligence that can forever change the lives of a child and their family. These injuries may occur during pregnancy, labor, delivery, or shortly after birth, often due to mistakes such as improper use of forceps, failure to monitor fetal distress, or delayed C-sections. The consequences can include cerebral palsy, brain injury, and other serious conditions requiring lifelong care. If your child has suffered a birth injury in Phoenix, AZ, due to medical malpractice, it’s essential to consult with an experienced medical malpractice attorney who understands the complexities of these injury cases. Skilled medical malpractice lawyers can help you build a strong claim, advocate for your child’s rights, and seek compensation for medical expenses, rehabilitation costs, and future care. At Cullan & Cullan, we are committed to helping families affected by birth injuries pursue justice and secure the resources they need for their child’s future.
Liability & Medical Malpractice
One of the first steps in pursuing a medical malpractice claim is determining liability. Medical malpractice law governs these cases, and a legal claim may be necessary to recover compensation for injuries caused by healthcare negligence. Physicians can face liability for their own actions and, in certain circumstances, can have vicarious liability for the actions of some others who act under their guidance. A malpractice lawsuit may also name pharmacists, nurses, physician’s assistants, and other medical providers for their roles in the case.
Insurance companies defending doctors and hospitals retain teams of highly skilled attorneys whose mission is to minimize payouts. Representing victims of medical malpractice requires a seasoned malpractice attorney and a law firm with substantial resources and experience in this complex area. Choosing a law firm that dedicates a substantial portion of its practice to medical malpractice is essential for effective representation. Attorneys with medical backgrounds can significantly enhance the analysis of medical records and evidence, which is critical in these cases. A strong law firm must also have the financial resources to advance litigation costs and hire qualified expert witnesses, as these expenses can be substantial. Attorneys without deep malpractice experience can miss crucial evidence or fail to secure credible expert testimony, putting clients at a disadvantage. Additionally, a medical malpractice attorney's reputation for taking cases to verdict can impact settlement offers from defendants.
Arizona follows a comparative negligence rule, meaning if a jury finds the patient partly responsible, their compensation is reduced by that percentage of fault. In Arizona, there is no cap on medical malpractice damages, allowing for full recovery of both economic and non-economic losses. The statute of limitations for filing a medical malpractice claim in Arizona is generally two years from the date of injury or from when the malpractice should have been discovered, so it is important to act quickly due to these strict statutes of limitations.
Medical records, witness statements, and expert testimony often play a role in proving liability. Some cases involve the doctrine res ipsa loquitur or “the thing speaks for itself” – if an injury or illness could only result from an act of negligence, the injury itself may prove liability. In cases involving res ipsa loquitur, the burden of proof lies with the defendant instead of the plaintiff.
Healthcare professionals are liable for many different acts of malpractice including:
Diagnosis mistakes. The failure to reasonably interpret symptoms, perform recommended tests, or accurately interpret test results can lead to an improper diagnosis or the failure to diagnose.
Treatment errors. When doctors, anesthetists, surgeons, and others make unreasonable mistakes during the course of work, they can cause significant harm. Dosing errors, operating on the wrong body part, recommending the wrong treatment based on a patient’s history, and leaving implements in a patient’s body are just a few examples of treatment errors that can result in liability claims.
Consent and advisory failures. Treating physicians are responsible for explaining conditions, treatment protocols, and associated risks. They must receive informed consent from a patient before moving forward. These examples of liability issues only scratch the surface of medical malpractice cases in the U.S. Many nuanced statutes and case precedents determine if a specific act does or does not constitute malpractice. Our Phoenix medical injury attorneys can help you determine if a medical professional’s failure warrants a malpractice claim.
How to File a Medical Malpractice Case
Filing a medical malpractice case in Phoenix, AZ, can seem overwhelming, but with the guidance of experienced medical malpractice lawyers, you can navigate the process with confidence. The first step is to consult with a knowledgeable attorney who can review your medical records and determine if you have a valid medical malpractice claim. Your attorney will help identify the responsible parties, gather evidence, and establish the standard of care that was breached. Once your case is prepared, your lawyer will file a formal complaint in court, outlining the details of the malpractice and the damages you are seeking. The case then moves into the discovery phase, where both sides exchange information and expert testimony. If a settlement cannot be reached, your case may proceed to trial, where a jury will decide the outcome. Throughout this process, your medical malpractice attorney will advocate for your rights and work to ensure you receive fair compensation for your injuries under personal injury law.
The Importance of a Free Consultation
If you suspect you have been harmed by medical malpractice, scheduling a free consultation with an experienced medical malpractice attorney is a critical first step. During this initial meeting, a medical malpractice lawyer will listen to your story, review your medical records, and help you understand your legal options. A free consultation allows you to ask questions, learn about the attorney’s experience with similar cases, and decide if they are the right fit for your needs. In Phoenix, AZ, many medical malpractice attorneys offer free consultations to help injured patients begin the process of seeking justice and compensation. Don’t wait to get the answers you need—contact a seasoned medical malpractice attorney today to discuss your case and take the first step toward holding negligent healthcare providers accountable.
Why Our Phoenix Medical Malpractice Lawyers Are Different
Medical malpractice cases are much different from other types of personal injury claims, such as car accident cases, because they require expert testimony and a higher level of legal specialization. Unlike car accident claims, medical malpractice litigation demands attorneys with specialized knowledge and experience in both law and medicine. Juries may decide on fault based on the evidence presented to them at face value—hence, medical cases require that professionals explain what they would have done differently.
At Cullan & Cullan, we’re doctors and lawyers, so we know medical malpractice better than many other firms. Our attorneys are recognized for their expertise and are members of the Million Dollar Advocates Forum, reflecting a proven track record of high-value verdicts and settlements. We have the medical expertise to know when another professional has committed malpractice and the legal experience to hold him or her responsible for those actions. As personal injury attorneys with a focus on medical malpractice, our legal specialization sets us apart. Many reputable medical malpractice attorneys in Arizona, including our firm, operate on a contingency fee basis—meaning you only pay if we win your case. It is also important to look for attorneys certified by the State Bar of Arizona in Personal Injury Trial Law, as this certification demonstrates excellence in the field. During your initial consultation, be sure to ask about the attorney’s trial experience and success rates in medical malpractice cases.
The competitive landscape in Arizona includes leading firms such as Snyder & Wenner, P.C. (over 40 years of experience and named a "Best Law Firm" by U.S. News & World Report), Goldberg & Osborne (specializing in birth injuries and paralysis), Ramos Law (founded by Dr. Joseph Ramos for a unique clinical perspective), Harris, Powers & Cunningham PLLC (over $100 million recovered in medical malpractice cases), and Burg Simpson (recognized by Best Lawyers and Super Lawyers for catastrophic injury and medical negligence). This highlights the importance of choosing a firm with a proven track record and specialized expertise.
Cullan & Cullan has personal injury attorneys who specialize in medical malpractice in Phoenix, Arizona.
Medical Malpractice FAQs
How long do I have to file a medical malpractice lawsuit in Phoenix?
The statute of limitations for filing a medical malpractice lawsuit in Arizona is typically "two years after the cause of action accrues.” However, because every case depends on the specific circumstances of the incident, it is advisable to consult with an attorney as there are limited circumstances that could extend the timeframe.
What damages can be claimed in a medical malpractice case?
In a medical malpractice case, various types of damages can be claimed, including economic damages (such as medical expenses, lost wages, and future medical costs), non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life), and in some cases, punitive damages.
Who can be held liable in a medical malpractice claim?
Several parties can potentially be held liable in a medical malpractice claim, including the healthcare professional directly involved in the alleged negligence (such as a doctor or nurse), the healthcare facility or hospital where the malpractice occurred, and in certain cases, pharmaceutical companies or medical device manufacturers.
What steps should I take if I believe I am a victim of medical malpractice?
If you believe you are a victim of medical malpractice, it is important to take the following steps:
Gather and preserve any evidence related to the incident
Seek medical attention to address your health concerns
Document any injuries or damages
Consult with an experienced medical malpractice attorney to discuss the specifics of your case, and adhere to any legal deadlines.
What should I look for when choosing a medical malpractice attorney?
When choosing a medical malpractice attorney, it is advisable to consider:
Their experience and track record in handling medical malpractice cases
Their knowledge of medical procedures and terminology
Their ability to conduct thorough investigations
Their willingness to take your case to trial if necessary
And their reputation for achieving favorable outcomes for their clients.
Additionally, a good attorney should be attentive, communicative, and compassionate throughout the legal process.
Where Law & Medicine Merge
Trial Lawyers and Doctors with over $350 Million in Victories
"My child had permanent paralysis in her left arm and no one gave us a straight answer on how bad it actually was. We needed lawyers who understood the medical side of this case and hiring the Cullan brothers gave us the attention we needed."
"During delivery, improperly used forceps caused severe head trauma to the head of our client's child. We worked diligently to secure the compensation our client deserved and to hold the negligent healthcare provider accountable to harm they caused."
"We knew these would be lifelong issues for our son. You have to advocate for your kids because no one else will do it. Cullan & Cullan knew what was going on and we knew they would be successful in helping us."
