Medical Malpractice

Medical errors are commonplace, but relatively few are reported. Even fewer of those reports lead to medical malpractice lawsuits and compensation awards for victims. According to the National Practitioner Databank maintained by the U.S. Department of Health and Human Services, more than 40,000 adverse actions were reported in 2024. Adverse action reports include disciplinary actions taken against medical professionals for medical errors. However, the same source reveals that just over 11,000 of these adverse actions resulted in payment to injured parties.

At Provident Law®, you will find a Arizona medical malpractice law firm ready to act on your behalf. Whether you are a victim of a surgical error, a misdiagnosis, or medical care that falls below the standard of care, you may be able to recover compensation for your injuries and losses. Contact a medical malpractice attorney in Arizona, at Provident Law® and learn more about what steps to take next.

Understanding Medical Malpractice

Medical malpractice occurs when a doctor, hospital, or other healthcare provider fails to provide medical care that meets the standard that another reasonably competent medical professional with the same background would provide in a similar situation. This failure to meet the standard of care must result in an injury or death to the patient.

An act of malpractice can be affirmative, such as administering medical treatment or performing surgery that results in injury. However, an act of malpractice can also be an act of omission, such as failing to diagnose a disease correctly or to conduct certain tests.

Suppose the evidence shows that the doctor or medical provider’s action – or inaction – was unreasonable under the circumstances and caused a preventable injury to the patient. In that case, they may be held legally responsible for the costs of that injury. Injured patients or their family members can recover compensation from negligent medical providers with the help of an Arizona medical negligence lawyer.

Common Examples of Medical Malpractice

While various types of medical malpractice may occur, some lead to more medical malpractice claims than others. Some common examples of medical malpractice include the following:

• Wrongly diagnosing a serious medical condition or disease
• Failing to diagnose a serious medical condition or disease altogether
• Causing a delay in treating a medical condition, which results in its worsening
• Failing to provide proper treatment for a diagnosed medical condition or disease
• Surgical and anesthesia errors
• Improperly administering medications, including the wrong dosage or type
• Improperly prescribing medications that conflict with existing medications
• Birth injuries
• Negligent hospital or nursing home care that leads to falls or infections
• Medical device injuries

When a medical provider fails to provide appropriate medical care that causes injury or death, patients and their family members may have a claim for medical malpractice. An Arizona hospital malpractice attorney may be able to represent your interests in filing a medical malpractice claim against the negligent medical provider.

Elements of a Medical Malpractice Claim

All medical malpractice claims are different, but injured patients or their family members typically need to prove certain elements in all such claims.

• The medical professional owed the patient a duty of care;
• The medical professional breached that duty of care;
• The patient suffered an injury;
• The breach of the duty of care was the proximate or direct cause of the patient’s injury; and
• The patient suffered harm due to the incident.

Once medical professionals establish a doctor-patient relationship with a patient, they have a legal duty to properly treat that patient in accordance with the applicable professional standard of care. A doctor-patient relationship begins when a medical professional agrees to treat a patient. When the medical professional fails to provide care that meets the standard of care that a reasonable medical professional who offers the same type of medical care in that community would provide, they may be liable for any resulting injuries to patients. This situation gives rise to a medical malpractice claim in which a patient may recover compensation for injuries directly caused by a breach of the standard of care.