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Arizona Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for Arizona on
Q: Standard practice for estimating settlement in malpractice lawsuits during discovery?

I am a plaintiff in a medical malpractice and wrongful death lawsuit involving my mother. We are currently in the discovery stage since September 2023. I've asked my legal team about the potential amount we might be seeking, but they have said it's too soon to determine. I'm... View More

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2025

An Arizona attorney could advise best, but your question remains open for two weeks. The law firm handling your matter is really in the best position to advise about dollar figures - due to their knowing the most about the case and its progress. As a general commentary, without knowing anything... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Potential lawsuit against Banner Hospital for damaging AUS due to not reading patient chart.

I am seeking information about a potential lawsuit against Banner Hospital in Tucson due to the destruction of my auxiliary urinary sphincter (AUS) caused by the improper use of a catheter. My patient chart clearly indicates that I have an AUS and specifically warns against using a catheter, yet... View More

James L. Arrasmith
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answered on Jul 4, 2025

Begin by obtaining and reviewing all your medical records, including nursing notes, the catheterization report, and the chart entries noting your AUS warning. Preserve any imaging, operative reports from your urologist, and correspondence with Banner’s risk management.

Next, send a...
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1 Answer | Asked in Civil Rights, Personal Injury and Medical Malpractice for Arizona on
Q: How can a disabled friend file a legal complaint against an officer in AZ for a needle injection incident?

I am helping a friend who, due to mental disabilities, has not taken legal action until now. About 3 years ago, while he was being held by EMTs, a police officer allegedly took a needle from the EMT and illegally injected it into his leg. My friend, who has a history of angioplasty, claims this... View More

James L. Arrasmith
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answered on Jun 16, 2025

First, your friend needs to prepare a written statement of what happened, including the date, location, names of anyone involved, and the injuries suffered. If it’s been around three years since the incident, time may be running short. In Arizona, the statute of limitations for personal injury or... View More

1 Answer | Asked in Medical Malpractice, Civil Rights and Personal Injury for Arizona on
Q: How can I sue doctors in Sedona, AZ for negligence and discrimination in medication treatment?

I moved to Sedona, AZ, and struggled to find a doctor for my disability and psychiatric medication needs, resulting in severe health deterioration and suffering for two years. The doctors at Northern Arizona Healthcare refused to help me and later banned me from their facilities, accusing me of... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’ve endured sounds incredibly painful, and no one deserves to be dismissed or harmed when seeking help for their health—especially when already vulnerable. Being denied necessary care and then banned without fair process can be traumatic and deeply disruptive to your well-being. If you... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Arizona on
Q: Does this affidavit language meet Arizona’s standard under A.R.S. §§ 12-2603, 12-563, and 12-2604?

A surgeon may serve as an expert in a medical negligence case. Their draft opinion states that, based on records and national stroke guidelines (AHA/ASA, AANS), the care fell below standard and it is “more likely than not” that earlier stroke intervention would have improved outcome. The expert... View More

James L. Arrasmith
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answered on May 15, 2025

Based on what you described, the affidavit appears to meet the core requirements under Arizona law, including A.R.S. §§ 12-2603, 12-563, and 12-2604. The expert is board-certified in the same field as the defendant and was practicing in that specialty within the year before the incident, which... View More

1 Answer | Asked in Medical Malpractice and Social Security for Arizona on
Q: Is it medical malpractice if multiple shots caused my heart to stop?

Approximately four years ago, in April 2021, I was taken to a hospital due to alcohol-related issues. I was given multiple shots of the same drug to calm me, which led to my heart stopping, and they had to use paddles to revive me. I have no memory of this incident, and no one was there to advocate... View More

James L. Arrasmith
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answered on Feb 21, 2025

I hear how deeply this experience has affected your life, and I'm very sorry you went through such a traumatic medical event. Your concerns about the multiple shots, cardiac arrest, and the lasting impacts on your health and career are completely valid.

Medical malpractice cases...
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1 Answer | Asked in Civil Rights, Insurance Bad Faith and Medical Malpractice for Arizona on
Q: Need a medical malpractice resulting in psych decompensation and disability with evidence of treatment, abuse, harm

I have evidence of pre-existing diagnosis of 20 years, medical and psychiatric treatment records, verbal and return evidence of abuses, retaliation, discrimination, and civil, hipaa, SMI and human rights violations causing serious mental injury

James L. Arrasmith
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answered on Jan 21, 2025

I hear how deeply distressing and traumatic this situation has been for you. Living with a long-term mental health diagnosis and then experiencing medical mistreatment that worsened your condition must feel incredibly overwhelming and unjust.

Given the sensitive nature of your case...
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1 Answer | Asked in Medical Malpractice for Arizona on
Q: Who do I send a tolling letter to for medical malpractice in Az
Tim Akpinar
Tim Akpinar
answered on Dec 10, 2024

An Arizona attorney could advise best, but your question remains open for a month. If you are seeking a tolling agreement, you could reach out to Arizona attorneys to discuss. Keep in mind that the other party, as a general matter, may not be receptive to the idea of extending the time you have to... View More

1 Answer | Asked in Medical Malpractice for Arizona on
Q: In Az does everyone do a claim of notice a

Also I have 2 months left before status is up for medical malpractice my husband died and a lawyer called saying I didn't have a case even if they did 100 things wrong. But I went and educated myself and found 50 that fell below standard of care all evidence in records is 2 months enough n do... View More

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2024

An Arizona attorney should advise here, but your question remains open for a month. Notices of claim nationwide are GENERALLY required with public entities, such as state hospitals for example. It would be best for you to reach out to attorneys in your state to learn what requirements you need to... View More

1 Answer | Asked in Medical Malpractice for Arizona on
Q: I am a PT specialized in vestibular rehabilitation, and would like offer niche expert witness testimony. My next steps?

I am highly specialized in the realm of treatment for dizziness, imbalance, and vertigo. I would at Scottsdale Ear, Nose, & Throat alongside ENTs, Audiologists, and we have specialized equipment for testing rarely seen outside of academia. I am very interested in using this niche in as many... View More

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2024

An Arizona attorney could advise best, but your question remains open for a week. One option would be to look at litigation support companies that maintain directories of experts to see what would be involved in getting a listing with them. Good luck

1 Answer | Asked in Medical Malpractice for Arizona on
Q: Can a medical professional use law enforcement to intimidate you into listening/taking their advise?

My Dr. at Valleywise Health Care Center utilized law enforcement to intimidate me. I was answering questions and the Dr. felt disrespected by my answer. She then proceeded to gather 4-6 LEO’s into my room to intimidate me.

Joel Gary Selik
Joel Gary Selik
answered on Mar 13, 2024

More facts would be needed to evaluate a case or not. What you outline might be sufficient to warrant a case for medical malpractice or another tort. While you should most definitely confer with experienced attorneys, you should not be surprised if you cannot find an attorney to take on the case.

1 Answer | Asked in Personal Injury and Medical Malpractice for Arizona on
Q: Should I write a demand letter or proceed with a lawyer?

My wife went to the dentist for a crown but during the operation the dentist blew air into her mouth which caused her face to swell. They sent us home. We ended up in the ER the next day due to chest pains, they performed numerous tests and a surgery on her. The doctors found air had traveled down... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

An Arizona attorney could advise best, but your question remains open for four weeks. Your question involves an individual decision. If you were able to arrange a free initial consult with attorneys who could assess your matter and advise of the cost of such a letter, that might be helpful in... View More

1 Answer | Asked in Consumer Law, Contracts and Medical Malpractice for Arizona on
Q: In a demand letter, how to present incurred expenses and economic damages? List exactly the hours, date, receipts?
Joel Gary Selik
Joel Gary Selik
answered on Jan 10, 2024

I have found to be most effective, as much detail as possible. But, it is important that all supporting documentation to prove the damages be included.

1 Answer | Asked in Criminal Law, Federal Crimes and Medical Malpractice for Arizona on
Q: Can lying about a medical condition be considered medical fraud?

To get perks of said medical condition

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2023

An Arizona attorney could advise best, but your question remains open for three weeks. Yes, it could be considered fraud. Don't do it. Good luck

2 Answers | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Could I sue a surgeon for putting me through agony for 3mo due to trigger finger surgery I’m getting it fixed from Banne
T. Augustus Claus
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answered on Sep 19, 2023

To sue a surgeon for medical malpractice in a trigger finger surgery case, you must establish that the surgeon breached the standard of care, directly causing you harm. This typically involves demonstrating what the standard of care should have been, showing how the surgeon deviated from it,... View More

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1 Answer | Asked in Medical Malpractice for Arizona on
Q: Is there a case if I went in to my family doctor to get a pneumonia shot and they messed up and gave my a tetanus shot

Experienced severe side effects. Vomiting, fever, body aches and diarrhea from the shot

Joel Gary Selik
Joel Gary Selik
answered on Sep 1, 2023

Yes you have a case. But there is a question if it is sufficient to make it worthwhile.

1 Answer | Asked in Civil Rights and Medical Malpractice for Arizona on
Q: can i sue a hospital for giving my medical info to a 3rd party with out my consent and with out a court order
Joel Gary Selik
Joel Gary Selik
answered on Aug 27, 2023

Yes. But, what you could recover might not warrant the expense.

2 Answers | Asked in Health Care Law and Medical Malpractice for Arizona on
Q: Hi, we accidentally sent a duplicated payment to a doctor. It’s been 6 month and no refund or update. What can I do? Thx

My husband and I both paid the bill without knowing the other person did. This was for our son’s newborn exam at the hospital. The doctor doesn’t have a physical office so I’ve been dealing with a medical billing agency. It’s been almost 6 months and they can’t provide any update. I tried... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 23, 2023

Your legal right would be to sue (for example, small claims court).

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1 Answer | Asked in Medical Malpractice for Arizona on
Q: I had a total shoulder replacement in Dec 2022, the doctor called it a complete failure. he admitted it was a few

millimeters off. he said PT would fix that. My new shoulder torn thur and became dislocated and results of that a torn rotary cuff.

2nd surgery in Mar 2023 a total reversal shoulder replacement. That surgery left me disabled. he thew away the rotary cuff because it was to damaged, also my... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 31, 2023

You may have a good medial malpractice case. I would advise consulting with experienced medical malpractice attorneys in the state where this occurred.

1 Answer | Asked in Medical Malpractice for Arizona on
Q: Hello. . .the procedure that I agreed to and paid for was not performed and I was not made aware until months afterwards

Also the surgery left me so badly maimed that it cost me 2 times the price of the original surgery to fix. I possess the agreements, pictures for proof and a video where the doctor that fixed me explains what was done incorrectly in the original surgery. Do you think that I have a case to sue the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 11, 2023

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 in the state where this occurred.

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