Considerations for a medical malpractice lawsuit

Posted On May 31, 2016 Medical Malpractice by John Allen Phebus

Arizona patients who are considering filing a medical malpractice suit due to a perceived mistake made by a health care practitioner or facility should keep a few points in mind. First, they should think about what the suit will cost, even if it is taken on a contingency basis, and what their chances are of winning are.

.Another consideration is how strong the evidence is. Medical professionals may not always get everything right, but this does not mean that every error constitutes negligence. Prospective plaintifss may want to have an impartial medical expert review evidence to judge how strong it is and whether they might have a case. It is important to sue the right person or entity as well. For example, the right target for a lawsuit might be a doctor and not the hospital where the error occurred.

Choosing the right attorney is an important considerations as is the emotional toll of a lawsuit. This depends on the nature of the error, but in some cases, the process of pursuing a lawsuit could be more devastating than the error itself. People should also consider whether they need to continue receiving treatment from providers they are suing and whether that would make them feel uncomfortable.

Unfortunately, in some cases, filing a medical malpractice lawsuit might be the right course of action for some people. A surgical error, a misdiagnosis or medication error might have long-lasting or permanently damaging effects on a person’s health. An error might even be fatal. In cases such as these, a patient or the family of a patient might want to discuss their options with an attorney. Seeking compensation might be a way to improve a person’s quality of life following an error, and a medical provider might also agree to an out-of-court settlement.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, John Allen Phebus who has more than 20 years of legal experience as a practicing personal injury attorney.