Arizona Medical Malpractice Law: In place for injured victims

Arizona medical malpractice law was created for the purpose that when someone is injured because of a health care provider’s negligence, they have the right to seek compensation for their medical bills, injuries, pain and suffering. Arizona medical malpractice law is designed to allow for legal claims for damages when a healthcare provider (doctor, nurse, institution) is careless or negligent in providing medical care to a patient in their care or control.

Medical errors are always unpleasant, but when one occurs during the birth of a child, the results can be tragic. Birth trauma can cause serious developmental problems for the infant that can last a lifetime. One such disorder that is all too common in difficult births is Erb’s Palsy. Erb’s Palsy is a paralysis that occurs in one arm because of an injury to nerves in the upper arm.

As a result of the paralysis and nerve damage, the afflicted arm develops much more slowly than the unaffected one. This can mean that the affected arm is much weaker, much less coordinated, and much shorter than the unaffected one. Internally, the circulatory system of the affected arm can also be less developed, which means injuries to the arm will heal more slowly. The palsy will sometimes resolve on its own, but more often will have to be treated with surgery–if it can be treated at all.

Arizona medical malpractice law is similar to general personal injury law. For instance, in the typical accident case, the claimant must prove that the wrongdoer failed to act reasonably as judged by the jury’s own idea of common sense for the particular situation. In medical malpractice cases, a claimant must prove that the healthcare provider failed to exercise the degree of care that is standard of and expected by others in the same profession as the healthcare provider.

In a general injury case, lay witnesses usually are called to prove liability. In medical malpractice cases, experts are almost always needed (due to the complexities of medicine). It is critically important that you get help from a an experienced attorney who knows how to find expert medical witnesses with the training and experience to find the truth, as well as the integrity to testify to this truth, in a court of law. It may sound easy, but doctors are not so willing to testify against fellow doctors, especially those in the same specialty.

Arizona medical malpractice law has many intricate details, and an understanding of these is crucial. If your new baby has been injured and diagnosed with Erb’s Palsy, you’ve got more than enough to worry about in navigating the medical issues and difficult choices ahead. To protect your rights and make sure your baby gets the care they need, the best move you can make is to get help from a professional attorney skilled in Arizona medical malpractice law. The experience specialists at Zachar Law Firm are ready to assist you. For a no-obligation consultation, call (602) 494-4800 or visit www.ZacharAssociates.com.