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Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are expected to have the basic knowledge and skills normally possessed and used by the average medical professional in their area of practice. This basic knowledge and skill is called a standard of practice, or standard of care. When a medical professional treats a patient and fails to use this basic knowledge and skill, whether the failure consists of doing something incorrectly, or failing to do something that should be done, that failure is a deviation from the standard of practice or care. The injured party must first prove that the health care provider fell below the standard of care for similar health care providers in Arizona. That means the health care provider failed to act as a reasonable and prudent health care provider in Arizona would under similar circumstances. The injured patient must then prove that the health care provider`s breach of the standard of care was a cause of significant injury to the patient. Expert testimony is generally required to establish a breach of the standard of care, unless the alleged negligence is grossly apparent. It is important to note that medical malpractice claims are very difficult to prevail in and are also extremely expensive partly due to the need for qualified expert review and testimony. Whether or not you have a good case depends on the professional judgment of attorneys and medical experts. If you are told that you do not have a case with merit, you should seek another opinion from one or more other attorneys.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.