A patient in need of medical care places tremendous trust in the abilities of medical professionals. If that trust is violated, patients may be left with a more serious problem. When an Arizona patient suffers harm from suspected medical malpractice, proving a claim can be difficult.
One of the first steps in seeking recovery of damages attributed to negligent medical care is establishing that an existing patient-doctor relationship required a doctor to meet certain obligations. Next, there must be evidence that a provider deviated from the accepted standard of care. This is usually done through the testimony of another professional who is knowledgeable in the same field as the offending provider. Once it is shown a doctor failed to meet that standard, a case may be made that the injury was caused by that failure.
If a patient's injury resulted from medications, dosages or medical devices, the patient must show that the provider failed to prescribe the medication correctly or that he or she was negligent in ensuring that the medication or device was the appropriate remedy. Furthermore, a patient may need to prove that he or she did not have the opportunity to provide informed consent, meaning that a provider did not inform the patient of all of the risks or consequences that could result from the proposed treatment plan. Doctors must provide information about all possible adverse consequences and obtain written consent.
If it seems that the legal standard required to successfully pursue a medical malpractice case is unattainable, there is a legal doctrine that may apply. It's called the res ipsa loquitur doctrine. This may apply in cases lacking sufficient evidence of malpractice except for the fact the injury would not have occurred if the standard of care was met. Arizona residents who suffered harm from malpractice may receive invaluable assistance from an experienced attorney.