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Arizona Medical Malpractice Questions & Answers
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
Joel Gary Selik
Joel Gary Selik
answered on Sep 19, 2023

Such a case may be possible. An opinion from another doctor needs to be obtained (probably by a lawyer) indicating that the doctor acted below the standard of care and that caused the harm. Additionally, due to the nature of medical malpractice law and litigation, the viability may be determined... View More

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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
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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 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... View 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... View 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... View More

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

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.

1 Answer | Asked in Medical Malpractice for Arizona on
Q: Can I sue my dentist

I went to get a root canal done and had to get a crown put on it. The tooth in question wasn’t cracked before. He worked on teeth that was unnecessary to what he was supposed to be doing and now the tooth is cracked(it wasn’t before I went to him) and I’m in serious pain

Joel Gary Selik
Joel Gary Selik
answered on Jun 22, 2023

See another dentist to analyze the situation, determine what happened and what needs to be done. 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.

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... View 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: 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... View 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.... View More

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).... View 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... View 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... View 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... View More

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