Medical Malpractice and Wrongful Death Cases
Medical Malpractice
Medical malpractice occurs when a medical professional deviates from a usual practice of care and a patient is injured as a result. Victims of a medical provider’s negligence are able to seek compensation for their injuries in civil court. Birth injuries, surgical mistakes, prescription medicine errors, diagnostic mistakes, and death are some of the results of medical malpractice. Medical professionals include doctors, nurses, dentists, physical therapists, dental hygienists, licensed practical nurses, and other people in the medical industry.
Generally, four things must be proven to have a successful medical malpractice lawsuit:
⢠It must be shown that a duty of a certain level of care was due the patient. It is assumed that a medical professional owes a duty of care to anyone he or she treats.
⢠It must be proven that the standard level of care was not provided; that the duty owed was breached.
⢠The plaintiff or person who was harmed and is taking court action, must have suffered an injury or some damages.
⢠It must be proven that the medical professional’s breach of duty caused the injury or damages.
Medical Malpractice in Tucson
The medical malpractice attorneys at the Tucson personal injury law firm of The Thrush Law Group know how devastating a medical malpractice accident can be when it causes a loved one to die a wrongful death. However, not everyone that loved the deceased can file a wrongful death claim. As mentioned in The Thrush Law Group’s website: "â¦the surviving spouse, parents, children, and in some cases the personal representatives of the decedent’s estate have this right."
Famous Medical Malpractice Wrongful Death
One of the most famous recent medical malpractice cases involves the pop star Michael Jackson, whose cause of death was from the prescription drug called Propofol. The Propofol was administered by Jackson’s personal physician, Dr. Conrad Murray. Autopsy results have proven that the singer had no other underlying medical conditions that could have caused his death. According to a recent article in the New York Times from the Associated Press:
"⦠Jackson's death was a homicide caused by ''acute propofol intoxication,'' with the other sedatives listed as a contributing factor. They said the standard of care for administering propofol was not met and the recommended equipment for patient monitoring, precision dosing and resuscitation was missing â¦"
Medical Malpractice Statute of Limitations
A statute of limitations sets out a time period in which a lawsuit must be filed. Because each state has its own rules regarding the statute of limitations, it is important to consult with a personal injury lawyer in Tucson when contemplating a medical malpractice lawsuit in Arizona. Some states begin the time period from when the harm occurred, and some states begin the time period from when the harm was discovered or should have been discovered. A lawsuit cannot be filed after the statute of limitations has run.
Medical Malpractice Monetary Damages
Someone who successfully shows that he or she has been harmed by medical malpractice can be awarded damages by an Arizona court. Damages can be awarded to compensate the individual for money spent and income lost due to the injury. Damages may also be awarded for pain and suffering experienced by the victim. The court can also order future payment of medical bills, as well as payment of monies to cover any care the injured party may need in the future. Sometimes Tucson medical malpractice cases do not go to court. The attorneys representing the medical professional and the insurance company that carries the malpractice insurance meet with the attorney representing the injured party and come to an agreement that satisfies the injured party’s current and future needs.
The Thrush Law Group is made up of seasoned and experienced personal injury lawyers in Tucson, phone number 877-888-4223, http://www.azduilaw.com/.
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