An Arizona Senate panel voted on June 17, 2009 to make it more difficult for patients hurt in emergency rooms to collect damages from doctors, hospitals and other health care providers who cause their personal injuries.
Our San Diego personal injury attorneys know that patients who suffer personal injury as a result of medical malpractice can file a lawsuit if they want to hold a doctor or hospital responsible for their personal injuries.
Doctors have a responsibility to treat patients without making their personal injuries worse. If those doctors make a mistake, they should be liable in medical malpractice claims to make sure these patients receive a settlement to handle medical bill costs.
These medical bills can be even higher if the mistake causes serious complications leading to physical disabilities or wrongful death. Filing a medical malpractice lawsuit against the person(s) responsible can help assign responsibility if someone else is liable for your injuries.
Some states don’t make it completely simple.
Current laws in Arizona state requires proof only by a “preponderance of the evidence”, or a majority. Essentially, this says that the doctor most likely committed malpractice. The new law would prevent a settlement unless medical malpractice can be proven by “clear and convincing evidence,” which is harder to prove.
David Landrith speaks for a coalition of doctors, hospitals and business interests. He explains the problem is not the settlements awarded in lawsuits. The problem is the fear of doctors they will be sued. This turns into unwillingness of doctors (especially specialists) to treat people in emergency rooms with personal injury.
Many patients with personal injury who arrive at emergency rooms do not have insurance and cannot afford medical bill costs. That means specialists are not reimbursed.
Imagine you or someone in your family is rushed to an emergency room with a personal injury. Doctors are hesitant to treat because of the fear of getting sued in medical malpractice claims, and that can lead to a personal injury that gets worse or even becomes fatal.
All patients have a right to medical care, and doctors should be confident in their abilities to practice medicine. Our personal injury lawyers in San Diego hope doctors treat patients with personal injury regardless of what MIGHT happen.
Call us now at 1-800-655-6585 or click here for a free consultation with an experienced San Diego personal injury attorney and find out how we can help you We speak English and Spanish, and we look forward to providing advice for your case. No fee if no recovery.
About Michael PinesMichael Pines is a former insurance company attorney who specializes in car accident injury. While he was an insurance attorney, he learned from behind the scenes on how insurance companies work and how they decided to pay injured people. Now that he works against insurance companies, Michael's inside knowledge has resulted in significant benefits to his clients injured in car accidents.
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