Doctors and physicians are some of the most highly trained professionals. They practice the art of medicine and are always learning new innovative ways to progress medicine and prolong life. For these reasons we ask for their help and place a unique trust in the relationship. You hope to not be a number to them, you want them to pay attention and not become complacent while they perform an operation they have done thousands of time. You hope they have standard procedures and have a checklist on hand. What you don’t hope for, is to be in a courtroom testifying on how a doctor or medical team caused major long lasting damages to your well-being and health by being negligent.
The human curse of complacency is the lead cause of negligence. Not following proper checklists and procedures leads to mistakes. It’s ostensibly wrong for a doctor to practice in such a lackluster manner. Imagine in a courtroom, it’s discovered that a checklist that a doctor was supposed to follow had a step stating “Remove tools from patient.” During a post-op, it is determined that you still have a set of clamps in your stomach cavity. This of course is on the obvious side of the spectrum.
Or suppose, you ask a doctor about the inflammation and tightness around your wounds, a prudent doctor would conduct tests to make sure there is no infection and treat you accordingly. A doctor with a coming medical malpractice lawsuit will assure that you’re fine and send you along, then you come to catch fever.
Statutes put limitations on the amount of time someone can place a medical malpractice claim. The limitation on a malpractice claim is 2 years, and not after. It is doubtful that the defendant will neglect have counsel file a motion to dismiss a case if you did not meet the time requirement, making this an important part of your case. The best advice is to call an experienced medical malpractice attorney, to determine if your claim falls within the time frame provided by the law.
Medical professionals make mistakes and unfortunately for them and the public, great damages inevitably follow. You may personally know a handful of people, who’ve been misdiagnosed by a licensed doctor. These stories range from the common to the unbelievable. One can imagine a doctor mistaking a cancerous tumor for a benign. Unbelievable is when a medical professional gives a patient a clean bill of health when the patient has had Lyme Disease for years.
The complications of a misdiagnosis can be long lasting. Wrong prescriptions, expensive surgery, or months of unnecessary physical therapy could be the basis of claim. Call West, Longenbaugh and Zickerman Attorneys at Law, to discuss your options when you have been Misdiagnosed by a medical professional.
We as your counsel, must provide the necessary elements of proof. The degree of care that a licensed health care provider must adhere to is an extremely high standard. Other doctors in the defendant’s “profession or class” is the standard of care. Our goal is to show that other doctors would have acted differently in the “same of similar circumstances.” The final element, is to prove the injury and damages were proximate the defendant’s failure.
To summarize the test your claim must pass: time, standard of care, and proximate cause. Lady Justice will administer the test, if a settlement is not met.
Do not allow the insurance for the defendant speak with you about your claim—no matter how nice they seem, for your sake advise them that you have counsel. Do not allow an agent representing the doctor to twist your words and hurt your case. In many cases the plaintiff is looking to receive reparations from multiple parties, it is not uncommon for the doctor, nurse, and hospital to be liable because of a collective medical and administrative failure.
You must take back control of your life and recover the lost wages and pain and suffering. Degradation to your professional and personal wellbeing resulting from medical malpractice must be considered along with numerous other damages you are justly seeking. Limits to your compensation in the state of Arizona is unconstitutional.
At West, Longenbaugh and Zickerman, we believe in big firm representation and small firm caring. We have medical malpractice experts that are meticulous in every step and keep you in the loop with updates on your legal team’s progress. You are a member of our team, welcome.