Medical Malpractice Attorney in Phoenix, AZ
Arizona Medical Malpractice Attorneys
Medical malpractice in Arizona refers to the legal offense of “negligence” where a patient is injured or suffers as a result of a doctor, nurse, pharmacist, or some other medical healthcare professional failing to provide proper and cautious medical care. The unfortunate event can also happen when the above mentioned medical professionals withhold information by not guaranteeing the patient is aware of any and all possible risks involved and/or the alternative treatment options that are available and relevant to their care.
At Cantor Crane, we trust that a thorough evaluation prior to a case even being filed will lead to a prosperous medical malpractice case. During these early stages, many crucial findings must be verified, including determining whether or not a misdiagnosis was made, if surgical errors took place, if surgical tools were misused, if reckless birth procedures took place that lead to birth injuries, if pharmacist mistakes where improper dosages or the wrong medications were issued, or a list of other possibly negligent acts committed by medical professionals.
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Medical malpractice is a centralized area of the law that the attorneys at Cantor Crane are highly skilled at and dedicated to focusing on. After all, we all rely on the competence of medical professionals in our daily lives in some way or another. If improvements to medical care are to be made and future generations kept safe, these medical professionals must be made to take responsibility for their mistakes when they occur, just like professionals in every other field. Even simple medical malpractice cases often involve permanent impairment of some type, and these settlements can potentially range anywhere from $100,000 up to 10 million dollars or more. Generally, the amount of settlement is determined by several important factors, including the total cost of medical bills, the level of the patient’s pain and suffering, cost of living prices, and the amount lost due to employment damages.
Depending on the length of the hospital stay and the type of physical and vocational rehab that is received, medical bills can quickly reach proportions that exceed $100,000. Usually, re-paying these bills is the primary concern of the malpractice victim’s family and is the cause of much stress. In instances where a doctor or member of the medical staff is responsible for a patient’s injury, it is common for their insurance company’s adjuster to hastily reach out to the family following the injury to offer some type of settlement. These settlements typically offer to “pay all of your medical bills”. While it may be tempting to sign these papers and accept the settlement offered, it is important to understand that most of these settlements will not be sufficient enough to cover the long-term life care and additional vocational rehabilitation that is often required immediately following a hospital stay.
It is never wise to accept a settlement from one of these adjusters before consulting with a qualified and reputable attorney who emphasizes in handling medical malpractice suits. What many people do not realize is that these cases are different from all others. While settling for three to five times the amount of the hospital bill may sound like success, it is simply not true. An example of why this is would be a comatose patient, who will steadily rack up medical bills while his future is being severely damaged with each day he remains in a coma. If you find yourself in a similar position and are approached by your doctor’s insurance adjuster, or if another, less experienced lawyer suggests you accept a settlement of “three times the medical bills,” please reach out and contact one of our qualified attorneys at Cantor Crane.
Pain and Suffering
The total cost of pain and suffering is calculated in combination with losses due to employment damages and the amount of damage sustained to the malpractice victim’s family life. In order to most accurately determine this amount, it is usually necessary to consider how much it will cost to continue with life care and the long-term and lifelong impact of the damages on the victim’s life. Often times, juries will award larger rewards in regards to the victim’s family’s pain and suffering than for all the other combined damages that pertain to the case. This is because many people recognize that while a victim’s future earning capacities could reach $1,000,000 during the course of their lifetime, no amount of money is worth living with lifelong constant pain and decreased mobility. This same principle may apply even in cases where the injured party is eventually able to return to work, yet their overall ability to enjoy life is severely compromised.
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Life Care Costs
Not only do life care costs refer to the total of a patient’s future medical bills, but also to the amount it will cost in order to guarantee the victim receives the proper rehabilitative treatment and in-home care relevant to their needs. In a majority of these cases, the in-home care will be handled by family members close to the victim. The fact that care is given by a family member or friend does not mean this care is “free” or “without cost”. In fact, care that is administered by family or friends can prove to be even more taxing and expensive than standard care, since it means the individual will likely have to miss work in order to be present to care for the victim. It is extremely important for anyone involved in one of these cases to seek counsel from qualified “life care experts” so that the right kind of testimony will be produced during the settlement phase, and in some cases, at trial. At Cantor Crane we will bring in only the best life care experts to work on you or your loved one’s case.
During any medical malpractice case, it is important to calculate the total amount of employment damages suffered by the victim. Many injuries prevent the victim from ever returning to work, since they are rendered unable to perform their previously assigned tasks. Some victims are fortunate enough to be able to land work in a different field, though this “secondary” field of employment oftentimes offers a wage that is significantly less than they were making prior to the injury. In the most severe cases, the victims are unable to return to work of any kind. In other cases, a child may be injured prior to their chance of attending college or some other type of vocational training whose purpose is to help individuals secure jobs. In these cases, it takes a highly skilled professional such as the ones at Cantor Crane to accurately determine the amount of total damages.
Some injuries are more discreet than others. Victims with less noticeable injuries may initially secure a job, only to lose it shortly after beginning due to an inability to properly perform all the required duties as a result of their injury. Even if the victim is able to keep the job, he may be at a disadvantage in regards to receiving promotions and advancements within their workplace. Yet again, it takes a highly qualified attorney who is familiar with all these practices to identify these facts in order to determine an accurate amount of employment losses. Once an individual becomes a victim of medical malpractice–regardless of how mild or severe the injury–the potential length of their career lifespan greatly decreases. In order to accurately determine the total amount of damages, it is necessary to take into consideration the amount of income the injured party was earning prior to the injury, in addition to how much they would have made had they continued working unharmed.
Next, you must determine how much they will currently be able to make, and factor in how much they will lose over the course of their career lifespan thanks to the injury. If their career lifespan was shortened by the injury, that must also be considered. Most times, an accurate and honest number can be calculated by employing a multiplier centered on inflation and the increase of a specific vocation’s market value. The key to any successful medical malpractice case is imploring the help of a qualified vocational expert to accurately determine these specific types of future losses.
Even though this number might not be the largest of all the requested damages, it is typically the easiest to understand for the average person. In plain terms, the average juror will be able to understand, “over the course of his lifetime, the malpractice victim will lose “X” amount of money, and the money will be forever lost to his family”. Combine this number with the existing amount of high medical bills and expected costs to cover life care, and typically the result is a seriously inflated pain and sufferings award. Most jury members can sympathize with a victim who once had dreams of a prosperous and satisfying personal and career life but is now fearful of settling for much less. Most juries take their job seriously and understand that it is their responsibility to make sure the malpractice victim will not be cheated into settling for less than he or she deserves. At Cantor Crane, we understand this as well, and we take pride in making sure the insurance companies do, too. We make it our goal to increase your loved one’s chances of receiving a large settlement before the case ever goes to any type of trial.
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At Cantor Crane, our Firm of qualified attorneys combine years’ worth of experience with over 200 combined jury trials of all types of cases to make up a superior legal team. Unlike other firms who claim to take an aggressive approach to their defense, Cantor Crane truly is, “Beyond Aggressive!” We won’t just fight for you with the single goal of securing a large settlement; we will also aid you as best we can with any doctor’s treatment and/or medical liens so as to prevent you from having to pay any up-front out-of-pocket expenses along the way. If you would like to learn more about our services or to seek help from one of our attorneys, please contact us by calling our office at (602) 254-2701, or by clicking on the “Contact Our Firm” link on our website and e-mailing us directly. At Cantor Crane, you aren’t just another client. You are a friend in need, and you can expect to be treated that way.