Arizona Complaint for Medical Malpractice regarding Diagnosis and Treatment

State:
Multi-State
Control #:
US-CMP-10041
Format:
Word; 
Rich Text
Instant download

Description

This is a model Complaint for damages caused by the negligence of a medical provider whose staff physician negligently failed to diagnose a common medical condition, resulting in severe mental and physical pain and unnecessary medical treatment, tests and associated expense over a period of months. The problem was later properly diagnosed and treated by a second provider. Damages are sought from the first provider. Adapt to fit the circumstances of your case. Care must be used to comply with the law and court rules for your state, because this is a model form.
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FAQ

There is no cap on the amount of compensation you can recover for a medical malpractice incident in Arizona. Arizona's constitution prohibits limits on the amount that victims can recover in personal injury cases.

Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm. Your lawyer may help you meet the elements necessary to prove your claim, build a successful case, and help you receive the monetary award you deserve.

In order to establish a medical malpractice claim in Arizona, you must prove the following 2 elements: The health care provider failed to exercise the degree of care and skill expected of a reasonable health care provider in the profession, and. Such failure was the proximate cause of your injury.

Any doctor of medicine who after a formal hearing is found by the board to be guilty of unprofessional conduct, to be mentally or physically unable safely to engage in the practice of medicine or to be medically incompetent is subject to censure, probation as provided in this section, suspension of license or ...

The elements of legal malpractice are: (1) an attorney-client relationship; (2) negligence; (3) proximate cause; and (4) damages. See Glaze v. Larsen, 207 Ariz. 26, 83 P.

Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.

To file a complaint against a medical professional contact the board which issued the professionals license. To file a complaint against a doctor you would contact the Arizona Medical Board. To file a complaint against a dentist you would contact the Arizona Board of Dental Examiners.

The 4 C's of medical malpractice refer to the key components of a claim: competence, communication, compassion, and consent.

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Arizona Complaint for Medical Malpractice regarding Diagnosis and Treatment