In times of sickness, we entrust doctors and other healthcare providers with our lives. We seek their expert advice, we agree to their recommended treatments and interventions, and we rely on their expertise. We reasonably expect healthcare professionals to be conscientious.
When healthcare providers are negligent, the results can be disastrous. Medical negligence exposes patients to unnecessary and life-threatening risks, and compromises the quality of Arizona healthcare as a whole.
Surgical mistakes, failure to diagnose serious illnesses, improper prescription of pharmaceuticals, treatment delays, patient neglect, anesthesia errors, premature discharge, and simple lapses in judgement can cause serious injury or even death in patients, permanently altering the course of their lives and their families’ lives.
Arizona medical malpractice laws protect patients’ and families’ legal rights to quality medical care, and provide recourse when a healthcare provider fails to provide the expected standard of care.
Free and Confidential Attorney Consultations, at No Obligation
If you’ve suffered serious injuries or irreparable harm as a result of healthcare provider negligence, know your rights. Our seasoned personal injury lawyers are here to explain your options and help determine if legal action is appropriate for you.
Call toll-free (800) 254-9493 or fill out the form to speak privately with an attorney today.
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About Us – Nationally Recognized Personal Injury Lawyers
Our team of personal injury lawyers has over twenty years of experience representing individuals injured by the negligence or wrongdoing of healthcare professionals, pharmaceutical companies, and insurance providers. We have been recognized among the top attorneys for professional ethics and legal skills by our clients, our peers, and the Courts.
Millions of Dollars in Jury Verdicts & Settlements
Our personal injury attorneys have earned millions of dollars in jury verdicts and settlements for our clients in cases concerning wrongful death and other catastrophic injuries resulting from medical negligence, including $17 million for an adult victim of brain injury and $8 million for a victim of birth injury – two of the largest medical malpractice awards of their kind in Arizona and California.
We have negotiated hundreds of millions of dollars in settlements for our clients who endured bleeding injuries, organ perforation, blood clots, failing heart defibrillators, defective hip implants, and cancer as a result of defective pharmaceutical drugs and medical devices.
Serving a Wide Range of Clients
Currently, we represent former U.S. servicemen in individual lawsuits against the U.S government concerning Veteran’s Affairs hospitals’ failure to diagnose prostate cancer; and improper discharge of a mentally ill patient who was subsequently struck by a vehicle in the street outside the hospital.
Commitment to Personal Attention
We encourage our potential clients to interview law firms to make sure the firm is a good fit, and that it can properly address the clients’ needs and expectations from a lawsuit.
Unlike other national personal injury law firms, our team handles your case personally and litigates it from start to finish. Our attorneys are always available to discuss the details and progress of your case at any time.
Choosing to Pursue a Medical Malpractice Case
Suffering an injury at the hands of trusted medical professional can be physically, emotionally, and financially devastating. Victims and families must navigate soaring medical costs, healthcare coverage questions, and financial uncertainty resulting from the loss of a job or the prospect of long-term care. Considering your legal rights to quality medical care can be overwhelming at a time when treatment and recovery are top priorities.
A successful medical malpractice lawsuit not only compensates a patient and their family for their losses, but addressed the problem of substandard care and reduces future occurrences of medical negligence by a provider or institution.
Our compassionate, skilled attorneys may bring some relief and facilitate closure. If we cannot address your catastrophic injury claim, we will seek out trusted colleagues who can.
Examples of Medical Malpractice
Both the commission of errors in the course of treatment and the failure to administer certain treatments or interventions are considered medical malpractice under Arizona state law.
Injury or death can occur when a healthcare provider:
- Fails to diagnose an injury or illness
- Misdiagnoses an injury or illness, including misinterpretation of radiology or other imaging results
- Fails to order appropriate imaging or other medical tests
- Fails to properly monitor a critically ill patient
- Fails to obtain informed consent for an operations
- Discharges a patient prematurely
- Misuses a medical device or implant
- Improperly prescribes pharmaceutical drugs, including contraindicated drugs
- Commits surgical errors, including operating on the wrong part of the body, perforating surrounding organs, burning patients, and leaving medical equipment inside patients
- Commits anesthesia errors, including under-dosing, overdosing, and administering the wrong form of anesthesia
- Neglects a patient
- Delays a patient’s treatment
- Fails to follow protocol for preventing infection before, during, and after sugery
Medical Malpractice Injuries
In a medical malpractice lawsuit, a patient or their family members allege that such actions or omissions on the part of a healthcare provider resulted in death, irreparable harm, or serious injury, including:
- Allergic reaction or anaphylactic shock
- Amputation injuries, or amputations occurring as a result of medical negligence, such as the failure to diagnose infection
- Birth injury to mother and/or child, including paralysis, cerebral palsy, Erb’s palsy, and broken bones
- Brain injury, including hypoxia (deficient oxygen to the brain) and anoxia (lack of oxygen to the brain)
- Surgical or chemical burns
- Hemorrhage or bleeding injuries
- Infection, including dental infections and post-surgical infections
- Nerve damage
- Pressure ulcers
- Spinal injury, including injuries resulting in paralysis, quadriplegia, or paraplegia
- Unnecessary surgery
- Worsening of an injury as a result of a failure to diagnose, misdiagnosis, treatment delay, or neglect
- Wrongful death
Medical Malpractice Settlement & Compensation
In Arizona state, an injured patient or family member may file a medical malpractice claim against any licensed healthcare provider, including individuals providers – physicians, psychiatrists, radiologists, anesthesiologists, dentists – and healthcare facilities such as hospitals, nursing care facilities, group homes, mental health institutions, and outpatient and inpatient clinics.
Medical malpractice lawsuits seek to determine what the patient and family members have truly lost as a result of healthcare provider negligence. Injured patients and family members may receive monetary compensation from the healthcare provider and its insurance company for both economic, measurable damages like medical bills and treatment costs, and non-economic damages like pain and suffering.
A patient or family’s recovery in a medical malpractice case can include compensation for damages resulting from:
- Physical Injuries
Treatment costs, and costs of subsequent short-term, long-term, or in-home injury care (past and future medical treatment costs)
- Financial Losses
Lost wages, lost employee medical and other benefits, and lost earning capacity
- Loss of Quality of Life
Inability to engage in activities once previously enjoyed
- Loss of Consortium
Compensation for damages suffered by the spouse and family members of the injured person as a result of medical malpractice
- Physical Injuries
Arizona Medical Malpractice Laws
Medical malpractice laws differ state to state. These differences impact what is considered substandard care; statute of limitations, or the deadline for filing medical malpractice lawsuits; whether fault is shared among the healthcare provider and the patient; and caps on patient recoveries, also called damage caps.
No Limits on Patients’ Recoveries
Arizona’s medical malpractice laws are uniquely beneficial to patients and families because the state’s constitution specifically prohibits damage caps, or limits on the amount of economic and non-economic damages a patient can recover.
Damage caps in other states typically apply to non-economic losses, including loss of quality of life and other pain and suffering.
Concerning whether fault is shared among the healthcare provider and the patient, Arizona medical malpractice law follows a “pure comparative negligence rule.”
When a patient is considered to be partially at fault for their own injuries – for example, by failing to follow doctor’s orders – the comparative negligence rule reduces the patient’s award by the same percentage they are deemed at fault for their injuries.
Under Arizona medical malpractice law, testimony from a medical expert is generally required to prove that a healthcare provider failed to provide the expected standard of care to a patient. There is an exception to this rule when medical negligence is grossly apparent or apparent to non-medical professionals.
If testimony from a medical expert is necessary to prove medical negligence, attorneys for the injured patient must certify this testimony is necessary and produce medical experts who can confirm the patient’s injury was caused by medical malpractice.
In an Arizona medical malpractice action, medical experts who testify against the negligent healthcare provider must specialize in the same field as the negligent healthcare provider.
Meet our Team
Mr. Patton has nearly 30 years of experience representing victims of medical malpractice, nursing home abuse, wrongful death, and defective products against hospitals, insurance companies, and large corporations.
His unwavering resolve to try cases and his trial expertise have resulted in dozens of multi-million dollar verdicts for his clients, including the largest medical malpractice verdict in an adult brain injury case and one of Arizona’s largest birth injury settlements. He has represented clients in a wide range of other catastrophic injury matters, including train wrecks, amusement park ride injuries, failure to diagnose cancer, negligent security cases, premises liability, wrongful termination, sexual harassment, invasion of privacy, breach of contract and many others.
Mr. Patton is a graduate of the National Institute for Trial Advocacy and is admitted to practice before the United States Supreme Court, Federal Ninth District Court of Appeal, Federal District Courts of Arizona and California, and Arizona and California state courts.
Holly (McGregor) Mosier
Holly Mosier has been representing clients at trial since 1995 and currently advocates for victims of medical malpractice, birth injury, wrongful death, brain injury, and other catastrophic injuries. Her past experience includes a diverse array of cases, concerning mortuary negligence and rotting bodies, barroom brawls, and free speech rights, as well as a published appellate court opinion addressing separation of court jurisdiction in a family law case.
Ms. Mosier has recovered millions of dollars for her clients in medical negligence cases, including a $3 million birth injury settlement and a $1.3 million arbitration award against Kaiser for medical malpractice.
Ms. Mosier is licensed to practice law in Arizona and California, and is admitted to practice before the United States Supreme Court, Federal Ninth District Court of Appeal, Federal District Courts of Arizona and California, and Arizona and California state courts.
Mr. Mosier represents plaintiffs injured by defective pharmaceuticals and medical devices, such as diabetes drug Granuflo, anti-psychotic drug Risperdal, Transvaginal Mesh implants, and Yaz, among others. Mr. Mosier serves as court-appointed co-lead counsel and liaison counsel and on leadership committees in consolidated litigation throughout the United States.
In the past, Mr. Mosier has obtained numerous multi-million dollar settlements for injured plaintiffs in medical malpractice, brain injury, birth injury, and other significant injury matters through trial. Mr. Mosier’s experience also includes unique injury and death cases, including hot air balloon crashes, trucking deaths, and molestation cases.
He is an AV-Preeminent-rated attorney; a National Trial Lawyers – Top 100 Attorney; and an Arizona Top Rated Attorney – Top Trial Lawyers in America. While working as a medical malpractice defense attorney, Mr. Mosier was frequently invited to speak to hospitals and their staffs on medical and legal issues affecting doctor-patient care.
Mr. Schrag has nearly 20 years of experience representing individuals in cases concerning defective medical devices, personal injury, and medical malpractice, among other matters. His experience also includes personal injury litigation involving premises liability and assault and battery with door security personnel.
With Ms. Mosier and Mr. Patton, Mr. Schrag is currently litigating two separate actions against medical facilities of the Veteran’s Association alleging medical malpractice for failure to diagnose prostate cancer and premature discharge, respectively.
Previously, Mr. Schrag helped recover over $10 million on behalf of his clients in In Re Sulzer Hip Prosthesis and Knee Prosthesis Liability Litigation, a multidistrict litigation that awarded a total of $1 billion to patients who received defective hip implants.
With our team, Ms. Lam is currently litigating two separate actions against the Veteran’s Association, alleging medical malpractice for failure to diagnose prostate cancer and premature discharge of a patient, respectively. Ms. Lam works directly with clients to learn their stories and understand their needs.
Ms. Lam focuses her practice on representing consumers, small businesses, and employees in complex litigation. She currently serves as counsel on a wide array of cases, including a fraudulent voluntary employee benefit association lawsuit, a dental supplies antitrust case, and litigation concerning financial losses associated with Hard Rock condominium-hotel units.
Prior to joining Girard Gibbs LLP, Ms. Lam was an associate at a national employment law firm, where she represented workers and retirees.