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Arizona Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Can I sue a hospital for negligence after I fell while under medicine and hit my head against a door frame and floor?

I was sent from their ER to an Out Paitent Hospital, and while under medicine by IV, I fell getting out of bed and fell against the door frame and hit my head there and on the floor. Blood was everywhere and they didn't even attend to the open cut on my eyebrow region. I have been under... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 2, 2023

You should see an experienced medical malpractice attorneys immediately. There are time limits within which to sue and you need to make sure you were within those time limits.

This is only general legal information and is not legal advice. You may not rely on this general information for...
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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Arizona on
Q: I recently went the ER, after 6 hours. I was given my discharge paper an told to leave

The doctor came in asked me what was going on where pain was said he was gonna check the results from ultrasound and be back and never came back, never saw my nurse either some random lady came in took out my ivs throw down the discharge paper work tells me to sign an leave, no one told me anything... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2022

An Arizona attorney could advise best, but your post remains open for three weeks. There wasn't a question included, but if you are wondering if the incident rose to the level of providing you with grounds for a med mal case, it doesn't sound like it. There is generally a need for showing... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Do I have a dental malpractice case if my dentist was negligent and left me with no teeth since last summer?

My dentist was to extract all my teeth & replace them with 3 bridges and 6 implants on each arch. Surgery & implant placement was in July of ‘21. I was sent home with a denture that didn’t properly fit because they never took since impressions were never taken. After several failed... Read more »

Sean Woods
Sean Woods
answered on Jun 2, 2022

As with everything, it depends. It sounds like you have been through a terrible ordeal. You likely could have a case - these types of cases require preliminary expert reports, so to get to the case, you would need a dental surgery expert to review the records and opine on what went wrong and why.... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: i had hand surgery and now my hand is far worse than before surgery. do i have a case? I can no longer make fist.
Joel Gary Selik
Joel Gary Selik
answered on Apr 6, 2023

You might have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced attorneys.

1 Answer | Asked in Medical Malpractice for Arizona on
Q: If can you sue medical specialist for failure to give a medical diagnosis after doing multiple tests?

I recently saw a doctor who did multiple tests and claimed nothing was wrong. The symptoms never improved and I ended up missing some work because of my condition. The doctor was quite rude to me and it felt like he didn't care. I'm getting a second opinion from another doctor. If the... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2023

If the failure to diagnose was below the medical standard of care and the failure to diagnose caused additional harm, you may have a case. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.

1 Answer | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Hello, my father had a hernia malpractice case going which was near to the end of reaching settlement. He passed away

Recently and my mother could not find any information about this case as it was through email and we can’t get access to his phone. Is there a way to figure out who was on this case? Thankyou!!!

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2021

I'm sorry for the loss of your father. An Arizona attorney could advise best, but your question remains open for two weeks. As a GENERAL matter in any jurisdiction, you might try checking the local court systems to see if they have any online records (if the matter had been placed into suit).... Read more »

1 Answer | Asked in Medical Malpractice for Arizona on
Q: Why is a medical expert required in a Mal practice suit?
Tim Akpinar
Tim Akpinar
answered on Jan 27, 2021

An Arizona attorney could advise best, but your post remains open for a week. One reason is that many states require a physician to affirm that a prospective medical malpractice case is based on valid grounds. Where required, a certificate of merit (or affidavit of merit), must be presented to... Read more »

1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for Arizona on
Q: Can I represent myself in a Civil case for emotional distress? No luck with any lawyers.

Hello,

On May 2019 I became my father's Medical Power of Attorney. I provided a copy to the hospital were he was in. On June 8, 2019 my father was transferred to Intensive care unit. My father had decided to be a full code because he has other children that live 3-5 hours away and he... Read more »

Tim Akpinar
Tim Akpinar
answered on May 16, 2020

I'm very sorry for your loss. A person could generally represent themselves in any given tort matter. Whether such a case would be viable could be another matter. I'm sorry for the anxiety that this matter has caused you, but these situations with DNRs and other directives do arise in... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Arizona on
Q: I had surgery a year ago on my breast, pain ever since, only to find out a drain tube was left in. What do I do next?

I had breast surgery, post op I literally felt a tube in my left breast. I told the dr multiple times that information, asking him to palpate it, and he refused. He said it was just inflammation and refused to palpate it. He said it may take up to a year for the inflammation to go down.

A... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2020

I'm sorry for your ordeal. Your best course of action would be to contact medical malpractice attorneys in Arizona to discuss your matter. Attorneys in this field generally work on a contingency basis. That means a plaintiff does not pay attorney fees unless there is a successful verdict or... Read more »

1 Answer | Asked in Medical Malpractice for Arizona on
Q: Is there a Attorney in my area of Gilbert or Mesa, AZ that I may speak with regarding filing suit.
Tim Akpinar
Tim Akpinar
answered on Mar 4, 2020

Yes, most likely there are. You're on the Ask-a-Lawyer section of this site. Go to the Find-a-Lawyer section and you should find Arizona attorneys there, arranged geographically. You could also conduct your own independent searches or check with the State Bar of Arizona. Good luck

Tim Akpinar

1 Answer | Asked in Employment Law, Health Care Law and Medical Malpractice for Arizona on
Q: I need advice on how to proceed about a severance offered after being fired
Stewart Salwin
Stewart Salwin
answered on Feb 22, 2020

Although severance pay is not required by law in Arizona, employers will sometimes offer a severance package when they are terminating an employee. Employers can offer a severance package out of the goodness of their hearts to soften the blow of an involuntary termination, but the main legal... Read more »

1 Answer | Asked in Medical Malpractice for Arizona on
Q: running out of time 2file for med.mal due to no attorney, I want to go thru medition w/out attorney ,

Statue.of.limitations . exps on 11/28/19 ...

What can I do, I have Dr. On a voice recorder. Admitting to his wrongdoing . Can i or should I send him a intent to sue and email him a copy of that recording? Would he possibly consider paying with out me having to file for medical... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2019

It's a personal decision one has to make on their own, but with the statute of limitations looming so close, it could be worth considering a consult with an experienced Arizona med mal attorney.

Tim Akpinar

2 Answers | Asked in Medical Malpractice for Arizona on
Q: Which attorney wants a potential med. malpractice case? Anthony
Tim Akpinar
Tim Akpinar
answered on Aug 31, 2019

This is only a question and answer board; it isn't an attorney referral service. If you want to find a medical malpractice attorney, you could use the Find-a-Lawyer tab above for Arizona attorneys listed on this site, or you could conduct your own independent searches. Most med mal attorneys... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Arizona on
Q: During Endometriosis surgery the dr. Knicked a hole in my daughters urethra tube.

My daughter went in for an outpatient surgery for endometriosis while taking the tissue out the dr. made a hole in the urethra tube. So they had to put a stent in it she spent 3 days in the hospital with a catheter and a drain in her side and in excruciating pain . And has to go back in to have... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jan 23, 2019

First, while it's fresh on your memory jot down what happened when, etc. Then focus on her getting well. She may need to see doctors and you don't want a potential doctor getting worried that they will be "dragged into" a medical case, nor do you want your daughter to be viewed... Read more »

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Arizona on
Q: I've been scheduled for a IME with the same Dr. that did the IME that closed my case. Can I request a different IME Dr?

This IME closes nearly all cases he is involved in?

Joel Friedman
Joel Friedman
answered on May 4, 2018

You can ask, but the carrier has the right to choose it's own doctor. You probably don't want someone new anyway. You may feel free to call me at 602-687-9211 (office) or 602-492-5331 (cell). I have 2 appointments this afternoon and I'm not available after 5:15, so it may be tomorrow... Read more »

1 Answer | Asked in Products Liability and Medical Malpractice for Arizona on
Q: Dr. signed consent for HIT. Loss half of left foot and tip of toe on right foot. What is the outlook on case ?

Heparin was used during a triple by-pass which was very successful. Heparin caused injury to foot, blood clots throughout my body, shut down kidneys and I was put on a defibrillator to breath and almost lost my life. Everything is back to normal pretty much except left foot and tip of second toe on... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

Assuming you have a lawyer ask them. Clots are a known byproduct of surgery. Heparin is supposed to help avoid that. Suggest you consult immediately a member of the Az Trial Lawyers Assn who hanles malpractice --they give free consults ASAP if you don't have an attorney.

1 Answer | Asked in Medical Malpractice for Arizona on
Q: My father had a heart attack last week, and it was only one day after a routine doctor's appointment.

Can his doctor be held responsible?

Peter N. Munsing
Peter N. Munsing
answered on Oct 27, 2016

Unlikely unless it was something that would have been caught on a routine visit. He can consult a member of the Az Trial Lawyers Assn after he is out of hospital if he wishes--they give free consultations. However even if the doctor could have found some abnormality nothing different would have... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Arizona on
Q: my attorney wants to drop my case because he doesn't have the money to continue. What can I do?

My attorney says he doesn't have the funds to continue the case. He says that the opposing firm have decided to spend him into the ground knowing that he can't afford to continue. What can I do? My mother was treated by a nurse that was not practicing within the scope of her training as a... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2016

He needs to get you time to do it. It verges on malpractice for him to take a case that from the getgo he knew he couldn't do (don't say that to him but.....he wants to get his rear out of hot water he needs to get you time. ) Talk to some members of the Az. Trial Lawyers Assn who handle... Read more »

2 Answers | Asked in Medical Malpractice for Arizona on
Q: Can I represent myself in a Civil Medical Negligence / Breach lawsuit as a patient? Or do I really need an attorney ?

its a continuity of care breach with negligence in the care of the patient

Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

If you want to pay tens of thousands of dollars for an expert witness, deal with very complex legal issues, maximally increase your risks of losing, sure, do it yourself. It's like complex surgery. Do it yourself--without a medical degree? Possible, but you'd be unlikely to survive.

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1 Answer | Asked in Medical Malpractice for Arizona on
Q: What are the time limits in filing a medical malpractice suit in Arizona?

My son is been crippled by a surgeon performing back surgery. The surgeon drove the bolts (screws) into his spine while inserting an appliance into his back. This has crippled my son and is destroying his family. He does not have the financial capability of fronting the finances up front but he... Read more »

Adam Studnicki
Adam Studnicki
answered on Jan 27, 2016

Generally speaking, two years, it does depend on the circumstances, and it can sometimes be tricky in these cases to determine when the time starts to run.

Your son should definitely seek a legal consultation. I would be happy to talk to him.

Please Take Notice: I am not your...
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