Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. The Vladimir Gagic Law Offices handles all types of Phoenix medical malpractice cases, such as surgical errors, misdiagnosis, emergency room omissions, and improper specialist referrals. Among other cases, we handle:
- Birth Defects and Developmental Disabilities
- Birthing Complications
- Failure to Diagnose Cancer
- Cerebral Hypoxia
- Cerebral Palsy
- Heart Arrhythmia / Rhythm Disorders
- Heart Attack
- Pregnancy Complications
- Wrongful Death
Doctors and hospitals are typically protected by large insurance companies and their team of attorneys whose sole job is to limit the amount of recovery against their clients. The results of medical malpractice range from serious injuries, such as brain damage and paralysis, to death. Medical malpractice usually involves substantial expenses and emotional trauma to patients and their families.
Just like with any other negligance claim, the in a medical malpractice claim the plaintiff must prove different elements to win his case. He must prove duty of care, breach of the duty of care by the doctor, and the breach of the duty caused injury to the plaintiff. In Arizona, the standard of care follows the "locality rule." That means the relevant standard of care is what the local population of doctors practices, and it is not a national or even statewide standard. That means the standard of care could be different in different parts of the state. The injured patient can recover the same damages as the law permits in other types of personal injury cases including, medical expenses, lost income, pain and suffering, permanent disfigurement or disability, and damage to the relationship between the injured person and his or her spouse, children or parents.
There are many different sources for why a doctor could make a mistake. Common reasons are a doctor assuming a new case is the same as a previous one, making a premature diagnosis, relying on the findings of others and not understanding that abnormal findings can cause patient injury, overreliance on protocol, and overconfidence. Some doctors also have chemical dependency issues, some hospitals are inadequately staffed, and some doctors and staff are insufficiently trained or experienced. The National Academy of Sciences' Institute of Medicine estimates that 44,000 to 98,000 Americans die each year from preventable medical errors. Medical malpractice kills more people each year than died in traffic accidents in 2003 according to statistics from the National Traffic Safety Administration.
Medical malpractice and medical errors are the 8th cause of death in the United States, more deadly than breast cancer or AIDS.
If you are seeking legal representation or would like more information about our services, contact the law offices of Vladimir Gagic today to set up your free consultation. You can reach us at 602-955-1985, toll free at 855-843-6274 (855-THE MARINE) or by contacting us online.
