What Is Medical Malpractice?

A doctor or other health care provider commits medical malpractice by negligently providing medical services when that negligence causes or contributes to injuring the patient.

The injured party must first prove that the health care provider fell below the standard of care for similar health care providers in Arizona. That means the health care provider failed to act as a reasonable and prudent health care provider in Arizona would under similar circumstances. The health care provider can fall below the standard of care by doing an act that is wrong under the circumstances, for example providing the wrong treatment for an illness or injury, or by failing to act when action was necessary, like failing to properly diagnose a disease or injury.

The injured patient must then prove that the health care provider’s breach of the standard of care was a cause of significant injury to the patient. The health care provider’s error does not have to be the only cause of the injury, it only must contribute to it. For example, a doctor who fails to diagnose cancer in a patient does not cause the cancer, but the doctor can still be liable for malpractice because the delay in dealing with the cancer caused by the failure to diagnose it may lead to a significantly higher risk of death from the cancer than had it been diagnosed and treated properly.

The injured patient can recover the same damages as the law permits in other types of personal injury cases including, medical expenses, lost income, pain and suffering, permanent disfigurement or disability, and damage to the relationship between the injured person and his or her spouse, children or parents.

Determining whether a health care provider may be liable for medical malpractice requires a mix of legal and medical evaluations. You should consult with a qualified lawyer if you suspect you have been the victim of medical malpractice so that the lawyer can thoroughly and properly evaluate the legal and medical issues involved in your particular situation.

Example Medical Malpractice Case

Medical malpractice case brought by the surviving spouse of 68 year old, retired business man, Bill Retz. Mr. Retz died when the defendant doctor and hospital nursing staff failed to recognize and treat the patient's lack of oxygen following a surgery. Mr. Retz died of anoxic brain damage caused by lack of oxygen while he was being treated in the intensive care unit of University Medical Center.

For more information about medical malpractice see our FAQ section.