accident & personal injury

Matthew Foley

Matthew Foley

Esq. & MBA

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Medical Malpractice Cases in Tucson and Southern Arizona

Tucson has a great medical personnel dedicated to saving lives and improving the quality of life for those suffering from medical ailments.  Unfortunately, due to the sheer volume of cases inundating medical facilities and the business model of medical care, medical malpractice is an unfortunate byproduct.  In some instances, patients go misdiagnosed, and in other instances symptoms get ignored and overlooked.

In Arizona, the time-sensitive misdiagnoses of deadly melanoma for a benign skin growth is too common.  Errors in the medical field are too common.  In recognizing this phenomenon, the medical field has formed a National Patient Safety Foundation to address the problem of “medical mistakes.”  To ensure compliance to a high standard of care, the existence of medical malpractice suits provides accountability.  That said, an attorney does not take pleasure in having to filing a claim against a doctor or hospital.

How the Process Works in Arizona

Medical malpractice cases are very difficult.  If a suit needs to be filed, it must be filed within two years after the cause of action occurs (See Arizona Revised Statute § 12-542).  These cases often require litigation and the underlying legal representation must have a dense understanding of the medical issues and be versed in industry terminology and protocol.   The case must prove medical negligence and demonstrate the extent of the harm it caused.

Taking a medical malpractice case to trial requires experience and firm resources.  The nature of the case is tremendously complicated, yet it must be simplified to the extent a juror can understand and appreciate the neglect.  The medical records must be reduced from thousands of pages to charts and diagrams.  Expert witness testimony must be captured through depositions, and other experts are needed for trial testimony.  If successful, the firm demonstrates to a jury that there was a “standard of care” for a particular medical procedure, and that through negligence it was not met.

Once the neglect in the standard of care is demonstrated, the injured party must then prove to the jury the extent of the physical and emotional injuries.  This can include using rehabilitation specialists, vocational experts, and financial consults.  The purpose is to translate medical expenses, lost wages, pain and suffering, and emotional distress into a true monetary value.

Attorney Fees for Medical Malpractice Cases

There are no upfront attorney fees.  We work on a “contingency fee basis”, which means we collect our fee as a percentage of the settlement if we win the case.  Most, if not all, personal injury firms handle these types of cases on a contingency fee basis.  Uniquely, we offer a client guarantee that our fee will be discounted if necessary to ensure our firm never receives funds disproportionate to our client’s recovery. Contact our office today for a consultation.