Hi I'm John Collins living in Philadelphia, PA i am 39 years old. I am running my own law firm from past 8 years and we provide best personal injury services in our city.
Tens of thousands of people die each year due to medical malpractice.
Some studies show one of every hundred people hospitalized becomes a victim of medical error. If you have recently suffered an injury related to medical treatment, whether caused by a doctor, nurse practitioner or any other health care worker.
You may be wondering if it amounts to a legal claim. Did you receive an improper diagnosis? Did a doctor fail to properly evaluate your symptoms? Have you been told that you received improper treatment? Proving malpractice can be pretty complex, so you should speak to an experienced attorney right away if you think something might be wrong.
When a hospital or doctor makes a mistake and causes injuries, you absolutely shoulder consider speaking with a medical malpractice attorney in order to help represent your case. Before speaking with an attorney, you should first organize your facts and documents in order to make your initial consultation as productive as possible.
First summarize the incident and create a timeline.
If you or a loved one were injured, you should request a copy of the medical records from the hospital or medical office. Next, your attorney will want to know whether you’ve, spoken to anyone else about the case.
This could be someone like another attorney, the hospital staff, your doctor and even your friends and family. Your attorney will also need to know whether you have already signed any documents related to the incident. Finally, your attorney will need to know whether you have already received a second medical opinion regarding your injuries.
Remember anything you tell your attorney is confidential, so make sure you disclose all matters even remotely related to your case.
Don’t delay. Call Tucker Miller Law of Phoenix Arizona. (602) 870-5511 Your health and wellbeing is too important.
Physician Assistant Malpractice-As medical physicians and hospitals in Arizona attempt to augment profits, they are utilizing “mid-level practitioners” more and more to help treat patients and bill for the services as if the medical physician performed the treatment. One mid-level practitioner is a Physician Assistant, or “PA.” A PA is a licensed professional who has less medical education and training than a doctor but can still diagnose, treat, and prescribe most medications. Having a Physician Assistant in a medical practice allows doctors to treat more patients daily which in turn increases billable services. At times this actually stresses the medical practice support staff and mistakes happen. These mistakes can cause serious, life-threatening injury, and even death. A PA can be sued and held responsible for your injury plus the supervising physician can also be sued for possible negligence. This article focuses on some of the common questions regarding physician assistant malpractice.
Can Physician Assistants Open A Medical Practice and Work on Their Own?
No. Physician Assistants are required under Arizona law to practice under the control of a licensed medical physician. In certain clinical settings, a licensed medical doctor doesn’t need to be physically present in the same building as the Physician Assistant who is providing medical care to you. However, the PA must be in frequent contact with a supervising licensed medical doctor about how the entire case is progressing including but not limited to signing off on all exams, reexams, medication, medical referrals and any other medical services that are required like X-rays, MRIs or other testing.
Types Of Malpractice-Physicians Assistant
What Type of Malpractice Can a Physician Assistant Commit?
Because they have less education, training, and (often) experience, physician assistants are more prone to make errors that a doctor would not have otherwise made. These types of negligence can include:
Medical errors
Failure to treat
Failure to obtain an appropriate medical history
Providing the wrong diagnosis
Failure to diagnose a medical condition
Delay in diagnosing a medical condition
Prescribing medication they are not allowed to prescribe
Who Would One Sue to Protect My Legal Rights When a PA Commits Medical Malpractice?
The PA who injured you.
The supervising medical doctor of the Physician Assistant.
The hospital, medical practice/clinic who utilized the PA.
In Arizona, the supervising physician is liable for injuries caused by a Physician Assistant. The supervising medical doctor is responsible for all actions taken by the PA. If the PA injures you, the supervising physician is liable for the acts of negligence.
Whatever medical entity that employed the Physician Assistant is typically liable for injury or harm the PA caused. Current Arizona Law dictates that the medical entities like a hospital, emergency room, medical practice/clinic are vicariously liable for the PA. Furthermore, Arizona law also dictates, that if a licensed medical employee causes injury, the medical physician and/or the medical entity employer is responsible for the acts of the employee who is providing medical care within the scope of their employment.
Does a physician assistant need malpractice insurance?
All clinically practicing PAs should carry professional liability coverage, often called malpractice insurance. This insurance covers your exposure to liability arising from your profession, including allegations of malpractice.
Can you sue a physician assistant?
Yes. It’s a common misconception that “PAs don’t get sued because they are the physician’s responsibility.” Actually, there are three facts of medicine and law that govern who will be sued: PAs, though supervised by physicians, can and do make errors for which their supervising physicians are not responsible.
Does the employment of physician assistants and nurse practitioners increase liability?
Abstract and Figures. We assessed whether physician assistant (PA) and nurse practitioner (NP) utilization increases liability. … Significant differences were found in liability reports among doctors, PAs and APNs. Physicians made, on average, malpractice payments twice that of Physician Assistant
What is the difference between a doctor and a physician’s assistant?
The main difference between a doctor and a physician assistant is that a PA works under the supervision of a doctor, whereas a doctor has full responsibility for a clinical situation. Both are qualified medical professionals, and very much work in collaboration with one another.
Is a physician assistant above a nurse practitioner?
PAs are licensed medical professionals who may work independently of the lead physician, while Nurse Practitioners are well trained, but not necessarily licensed caregivers, who must work under the close supervision of the attending doctor.
What is the role of a physician assistant?
PAs are medical professionals who diagnose illness, develop and manage treatment plans, prescribe medications, and often serve as a patient’s principal healthcare provider. With thousands of hours of medical training, PAs are versatile and collaborative. A PA’s medical education and training are rigorous.
Can PA’s perform surgery?
A PA may perform surgical procedures requiring other forms of anesthesia only in the personal presence of the supervising physician. A PA may act as first or second assistant in surgery under the supervising of the supervising physician.
If you or a loved one have been involved in any type of medical malpractice give us a call we can help. Call Now 602-870-5511
For Every Medical Malpractice Lawsuit, 7.6 Patients Are Injured by Doctor Error
Up to 440,000 people die each year because of medical mistakes. That’s the equivalent of a 747 crashing every 10 hours. Consumer watchdog fights for the right of those patients–and the thousands of others injured by medical errors–to take negligent doctors and hospitals to court. If an airliner crashed twice a day, everyday, we would have new laws protecting passengers, not limits on their legal rights. But doctors, hospitals and their insurance companies spend millions of dollars lobbying congress and state legislatures to stop us from holding them accountable. They claim that lawsuits by injured patients drive up the cost of medical malpractice insurance. We know that greedy insurance companies, not injured patients seeking justice, are to blame when premiums are excessive.
Medical Negligence Requirements
What To Know About Medical Malpractice In Arizona
Arizona does not place a cap on financial or economic damages in a medical malpractice claim. Therefore, if you are injured because of medical malpractice, the law allows you to seek full compensation for all financial losses related to the medical malpractice. Arizona is one of the few states with no damage caps in place. In fact, Arizona’s state constitution deliberately prohibits damage caps in civil cases, including medical malpractice and wrongful death. It also includes your spouse’s claim for loss of consortium.
Medical malpractice claims, just like any other claim, are subject to a limited time for filing. This time limit is known as the statute of limitations. If you don’t file your medical malpractice lawsuit on time, you may lose your right to hold the liable parties accountable and fight for your compensation. Every state regulates its own statute of limitations regarding medical malpractice cases. Arizona Revised Statutes section 12-542, states that a legal action alleging malpractice by a health care professional or care facility must be filed “within two years after the cause of action accrues, and not afterward.”
According to one study published in surgery, more than 4,000 preventable surgical errors occur every year, costing private and public healthcare providers more than $1. 3 billion annually in malpractice payouts. Mistakes range from wrong-side surgery to foreign objects left inside patients. Despite being known in medical circles as “never events” because they should never happen, a range of studies support the findings published in surgery. In 2007, research published in annals of surgery revealed shocking data taken over the course of 30 months in just one state. The report included 400 “near misses” and nearly 300 wrong-side surgery errors. In 2009, archives of surgery found that so-called “never events” happen all too frequently.
Medical Malpractice Law Is Based On Common Law In Arizona
Medical Malpractice Law Is Based On Common Law.
Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts. Medical malpractice lawsuits are a relatively common occurrence in the United States.
Medical malpractice liability is normally based on the laws of negligence. Although the laws of medical malpractice differ significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. If a practitioner holds himself out as a specialist a higher degree of skill is required. Jurisdictions have also been increasingly receptive to claims based on informed consent , raised by patients who allege that they were not adequately informed of the risks of medical procedures before agreeing to treatment.
Given how complex a medical malpractice claim can be, you would do well to work with an experienced team of Arizona medical malpractice lawyers who have won impressive verdicts and settlements for many clients. We do not back down from pursuing the compensation you require to move on from your life whether the injury temporarily sidetracked you, or if it left you with permanent disabilities. When you work with Tucker Miller Law you do not just get a team of skilled litigators, you also get access to a team that is fighting for you every step of the way.
Medical Negligence Attorneys
What is Medical Malpractice?
Thanks to advanced technology, most of the surgeries performed in the united states go well. However, sometimes serious mistakes occur during surgery caused by the negligence of a medical professional. When this happens, you may be entitled to file a medical malpractice claim and seek monetary compensation for your damages. Considered easy to file but challenging to win, a medical malpractice lawsuit for surgical error often needs the skill and expertise of an experienced legal team to result in compensation for the claimant.
Medical malpractice occurs when a patient is harmed by a medical professional who fails to competently perform their medical duties, typically through a negligent act or omission. In legal terms, the medical professional deviates from the recognized standard of care in treating a patient. Standard of care is what a reasonably prudent medical professional would or would not have done under the same circumstances with the same available information. This is used as a benchmark against the doctor’s work. The doctor’s defense would have to prove that another doctor would have made the same decisions under the same circumstances, and thus the doctor’s actions align with standard of care.
Nerve damage is a common injury sustained by victims of auto accidents , workplace incidents , dog bites , slip and falls , and cases of medical negligence including surgical malpractice. One of the most frequent questions asked by victims of severe nerve damage during consultations with our attorneys is, “how much my case is worth,” or “what the value of my case?” the estimated value of a personal injury case is dependent on numerous factors unique to the individual harmed. Only a qualified personal injury attorney who can investigate the facts of your case will be able to determine the estimated value of your claim.
Failure To Diagnose
Medical Malpractice & Negligence Lawyers
Tucker and Miller Law is a premier law firm in Phoenix Arizona that represents clients throughout the Maricopa County and through out Arizona in medical malpractice claims. We handle claims involving catastrophic, life-altering injuries and fatalities. Our medical malpractice lawyers and staff have the ability to undertake the most complex claims. They are all uniquely qualified to represent victims of medical negligence. We use a unique methodology in developing creative legal strategies and have a broad network of resources and tools that we can utilize to reach an effective outcome in your case.
If you have suffered an injury as a result of a surgical injury, you may be entitled to compensation. Like other types of Arizona medical malpractice cases, surgical error claims can be complex, and require the expertise of a seasoned Arizona surgical errors lawyer.
A hospital, doctor, or other health care professional is expected to provide a certain standard of care. The professional is not liable for all the harms a patient experiences. However, they are legally responsible if the patient experiences harm or injury because the health provider deviated from the quality of care that is normally expected in similar situations. According to malpractice lawyers in the u. S. , for medical malpractice to be considered, a number of factors must be involved. The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Failure To Diagnose Cancer
How Do You Know If You Have a Medical Malpractice Case In Arizona
In Arizona, a medical malpractice lawsuit can be filed against any licensed health care provider. This includes:
Physicians
Nurses
Physical therapists
Dentists
Dental hygienists
Pharmacists
Pharmacy technician
Physician assistants
In order to establish a medical malpractice claim in Arizona, you must prove the following 2 elements:
The health care provider failed to exercise the degree of care and skill expected of a reasonable health care provider in the profession, and
Such failure was the proximate cause of your injury.
In a medical malpractice case, the main focus of the lawsuit will generally be on what the health care provider should have done in a specific set of circumstances. The standard by which the health care professional is judged is called the “medical standard of care.”
If you are the victim of a surgical error, physician negligence or another form of medical malpractice, you may not know where to turn to for help. You may have had to undergo further surgical operations or other painful treatments as a result of a physician’s mistake. A personal injury attorney in Arizona may be helpful in answering any questions you may have regarding your case and could help point you in the right direction.
Colon Cancer Failure To Diagnose Colon Cancer
Damages in a Medical Malpractice Case
Once the duty of care has been established, the victim must next prove that it was breached by careless conduct, such as a surgical error.
Examples of common surgical errors include:
removing the wrong organ;
operating on the wrong side;
performing a procedure on the wrong patient;
failing to promptly recognize complications, such as excessive bleeding or infection;
leaving a sponge or a piece of medical equipment inside a patient’s body; or using unsanitary equipment.
The last two elements of a medical malpractice claim require showing that the surgical error or other breach led directly to the patient’s injuries and that actual damages arose as a result. Compensation in surgical error cases can consist of both economic and non-economic damages. Economic damages include objective costs such as medical expenses and lost wages.
Medical malpractice exists in cases where a patient sustains some level of damages from a medical professional during his or her official medical duties. Damages are a legal term, but ultimately, include a number of harms that the patient sustains as the result of medical treatment, which can include exacerbated medical issues, unnecessary medical costs, untreated but otherwise treatable conditions, as well as a whole host of other issues relating to income earning capacity, costs of medical care, as well as psychological and emotional duress.
Medical Malpractice Attorneys Tucker and Miller Law
A medical malpractice lawsuit is something that causes physicians as well as patients/victims stress and anxiety. Statistically most medical physicians will experience 1 or more malpractice suits over the course of their career. Coping with a malpractice trial can be an emotional ordeal for both the patient/victim as well as the Physician—and one that lasts for both parties.
Insider Monkey compiled a list of the top five causes of malpractice lawsuits brought against physicians derived from information from Medscape, the CDC and Prevention Magazine.
Medical Malpractice Attorneys Arizona
The highest five reasons for malpractice lawsuits were:
Failure to diagnose a patient’s medical condition. Approximately thirty one percent (31%) of medical doctors evaluated by Medscape concluded “failure to diagnose” was the cause of a malpractice lawsuit brought against them. Medical doctors as well as all healthcare professionals have a duty to adhere to professional guidelines for screening and diagnostic testing as well as understanding of when these protocols call for validation of their initial diagnoses.
31% of medical physicians had been sued for injuring a patient during treatment, often resulting in death or disability.
Failure to properly take care of a patient’s health condition. This includes the occurrence of Iatrogenic infections or physician caused infections. Last year a medical study suggested Iatrogenic caused health issues may be a bigger problem than diseases like tuberculosis, HIV/AIDS and sepsis or systemic infection.
Poor medical records and documentation. Physicians are required to at least meet or surpass what is considered medically acceptable accurate and complete documentation of patient care that another “like” physician would document.
Medication errors, either given orally or intravenously statistically cause at least one death every day and injure approximately 1.3 million people each year in the United States. Medication errors come various different forms starting from the initial prescription, administration of the drug, dosage complications as well as other medication problems such as allergies to medication. The World Health Organization (WHO) recognizes medication errors are so prevalent that they have publicly stated what steps medical healthcare providers must do to reduce these medication errors. In a hopeful attempt reduce and prevent prescription medicine errors and their resultant adverse events worldwide.
The Second Most Common Reason For Medical Malpractice lawsuits is Surgery
Let’s face it, surgery tends to be risky for patients and poses a certain risk factor for medical physicians who perform these surgeries in terms of medical malpractice claims according to Coverys a medical liability insurance company.
The insurer investigated 5 years of closed medical malpractice lawsuits from 2014-2018 finding that surgery-related claims made up 25% of the cases. Amazingly, 32 % of malpractice claims during that same five-year period was diagnostic errors, sometimes called failure to diagnose, as the primary cause of liability claims against primary care physicians and accounted for the highest percentage of financial settlements made.
Every one of the stages of the surgical process, including previous healthcare care as well as the level of medical decision-making leads to surgery, as well as post-surgical care can lead to malpractice claims and financial settlements.
Here Are The Top Three Surgeries That Caused 50% Of All Malpractice Claims
General surgery (22%),
Orthopedic surgery (17%) and
Neurosurgery (8%)
29% of the injuries from surgery were considered permanent and significant or worse whereas 9% caused patient death. 39% of closed malpractice claims claimed a lack of technical skill by the surgeon. While approximately twenty seven percent of surgical claims touted failure of clinical judgment and/or communication. Some of the other causations mentioned were: leaving a foreign body seven percent (7%), performing an unnecessary procedure four percent (4%), performing surgery on the wrong side, the wrong site of the patient, on the wrong patient (3%) and a delay in surgery (3%).
Medical Malpractice Attorneys Phoenix Arizona 85014
Why is it so hard to prove medical malpractice in a court of law
So far we have discussed the most common types of medical malpractice but one must remember just because you think you have been a victim of medical malpractice there are many hoops one must jump through to actually prove that medical malpractice actually took place. For instance, it is almost impossible to prove that you got an infection after a surgery meaning you have to prove how and when you got the infection. Also as a matter of fact you have to sign a medical release that you are aware that you may in fact become or get an infection and if you do have a surgery and end up with an infection you can not claim you were aware you could get an infection just went out the window because you signed what is known as informed consent.
Medical Malpractice Attorneys Phoenix 85014
Consumer Beware: Medical Malpractice Is Considered One Of The Most Complex Sections Of Personal Injury Law.
One must understand that awful consequences from orthopedic surgical injuries can and do occur even in the absence of medical negligence on the surgeon’s part. Just the fact alone that this has been historically documented that bad or unacceptable surgical results were caused by a surgeon can be very difficult. For instance, did you know it is medically acceptable to cause a fracture during hip replacement. Obviously, the surgeon doesn’t try to cause a fracture but if a fracture is caused during the portion of hip replacement it is considered an acceptable risk.
Your health care provider bears no burden of proof in a medical malpractice claim.
In medical malpractice law the burden of proof lies with you the patient and it is very difficult to prove to a jury of your peers that a medical practitioner acted unreasonably. Medical Malpractice cases are very expensive because of this burden of proof.
At Tucker Miller Law Firm, we take your health concerns and potential medical malpractice claims extremely seriously. We hold the highest compassion for the people who come to us who typically are dealing with severe injuries and/or illnesses, the loss of a loved one, and especially financial difficulties. Our goal is to provide you with an honest assessment of your case. As we have discussed medical malpractice cases are very expensive and difficult to prove but we are experts in this field an our previous work for the insurance industry gives us a distinct advantage over other malpractice law firms who did not previously work for the insurance industry. Let’s put it this way we know what the insurance industry is going to do before they do.
If you or a loved one have been injured in a medical environment give us a call the consultation is free and there is no obligation on your part what so ever.
New Arizona Law in Auto Insurance will Likely result in premium Increases. On July 1st, 2020, the minimum limits for auto insurance policies increased to:
$25,000 for one person sustaining bodily injury or death in an accident,
$50,000 for two or more persons sustaining bodily injury or death in an accident, and
$15,000 for damage to others’ property,
People who reside and drive in Arizona should brace themselves for higher auto insurance premiums. A new law is increasing the minimum amount of coverage required and this will result in higher rates for most drivers.
Ariaona Car Accident Insurance Premiums Increasing
Arizona Minimum Car Insurance Speak
Before July 1, 2020 car insurance was described as minimum coverage limits required by Arizona law are often referred to as a ratio: 15/30/10. Coverage of $15,000 is set for the injury of one person, $30,000 is set for the injury of two or more people, and $10,000 is set for car and property damage.
All new auto insurance policies issued on or after July 1, 2020 must be issued at limits of no less than 25/50/15, as stated above. All auto insurance policies renewing on or after July 1, 2020 that have the 15/30/10 limits will automatically be adjusted to the higher limits of 25/50/15.
Arizona Car Accident Injury Insurance Premiums Increasing
If your current policy limits are below the new limits, your renewal premiums will likely increase to correspond to the increase in coverage.
If you have uninsured and/or underinsured coverages on your policy at the minimum 15/30 limits, your insurer will automatically increase these coverages to match the new minimum 25/50 limits and adjust your premiums accordingly. This is extremely important for you to carry uninsured and/or underinsured coverage because there may be an increase in drivers not carrying insurance but still operating their motor vehicles in Arizona due to this predicted increase of insurance premiums.
Please remember to inquire about adding Medical Payment Benefits to your auto insurance policies. This additional coverage is extremely cheap and incredibly beneficial if you are injured in an auto accident.
Ariaona Car Accident Injury Insurance Increasing
We advise every resident of Arizona to call and check on their auto insurance coverage to determine if in fact your premium as well as your coverage did increase. It’s much better to know these facts before you are involved in a car accident in Arizona. If your premiums di increase you may be able to save some money by bundling other insurance products. We especially advise you to check on what insuring your children who are still living at home with you.
Shopping For The Cheapest Coverage May Not Be In Your Best Interest.
Cheaper insurance rates typically equate to less coverage or higher deductibles for the same type of auto accident and the injuries you may suffer.
You can protect your personal expenses if you or a loved one are involved in a car collision by exploring several optional insurance plans, such as Medical Payments, Uninsured Motorist, Collision, and Comprehensive coverage.
Med Pay will compensate you for medical payment coverage for your as well as your passengers’ medical bills, irrespective of who is at fault in an accident. Uninsured Motorist coverage pays for your and your passengers’ medical bills and property damage if the driver at fault has insufficient liability insurance coverage or no insurance at all. Please note uninsured motorist coverage would cover you in the event of a hit-and-run accident.
Arizona Car Accident Insurance Increasing
Did You Know Car Insurance Rates Vary in Arizona?
All insurance companies utilize “local factors” that decide the cost of car insurance in a given area/city. Insurance companies gauge an area’s population, traffic congestion, and frequency of insurance claims, add in the costs of collision repairs and medical bills. This makes car insurance more expensive in big cities with dense traffic than in rural areas or small cities with light traffic generally.
Besides the above there are several other factors that insurance companies take into accord before determining what your insurance premiums will be. You may know some of them like Age, male or female, married or single, clean driving records, how many miles you commute to work or school, the age of your car new and used and even your credit score!
Ariaona Auto Accident Insurance Premiums Increasing
Can’t Find Car Insurance Because of Bad Driving History
US News reports If you have applied for car insurance and been denied by multiple companies, you may want to consider buying coverage through the Arizona Automobile Insurance Plan. This program automatically assigns applicants to an insurance company and provides them with the minimum limits of liability coverage. It is designed to help shoppers with a poor driving record or multiple insurance claims. These policies are typically much more expensive than those offered in the voluntary insurance market, though.
Please be aware Arizona is an at fault state meaning who ever is considered at fault will be paying the bills both medical and collision costs and even though you are not required to carry uninsured/underinsured we highly recommend that you purchase as much as you can afford. Insurance may be expensive but it is the best deal going the day you need it!
Ariaona Auto Accident Insurance Increasing
If You Or A Loved One Are Involved In A Car Collision Call Us Now 602-508-5511
Picture courtesy of Niki Walker @nicolenoelwalker Dog Bite Attorney Phoenix Arizona Tucker Miller Law
The incredible story of Bridger, the heroic six-year-old boy from Wyoming who saved his sister from a dog attack earlier this month.
Amazingly this mini “Titan” is a Juijiteiro!! Bridger – is a student of jiu-jitsu – and his pediatrician told him he was the “bravest patient” they ever had. He intervened to save his sister from the dog attack because he stated: “If someone had to die, I thought it should be me.” Original Story here
Bridger, you are a real super hero and we at Tucker Miller Law are incredibly proud of and inspired by your bravery!!
Dog Attack Attorney Phoenix Arizona
What should I do after dog bite?
If a dog bites you, take these steps right away: Wash the wound. … Slow the bleeding with a clean cloth.Apply over-the counter antibiotic cream if you have it. Wrap the wound in a sterile bandage. Keep the wound bandaged and see your doctor. Change the bandage several times a day once your doctor has examined the wound.
What should I do if I get bit by a dog legally?
Steps to take after a dog bite Identify the dog and its owner. Immediately identify the owner of the dog or the person who had custody of the dog when it attacked you. … Seek medical care. … File a dog bite report. … Gather more information. … Photograph your injuries. … Contact an attorney. … Begin a journal.
Do I need to see a doctor after a dog bite?
Should you see a doctor for a dog bite? Yes. Although you can provide first aid for a dog bite at home, it’s important to see a doctor, especially if an unfamiliar dog bit you, the bite is deep, you can’t stop the bleeding, or there are any signs of infection (redness, swelling, warmth, pus).
What to do after being attacked by a dog?
The steps you should take after a dog attack are:
seek medical attention immediately
follow your doctor’s wound-cleaning orders,
report the incident to your local animal control
identify witnesses,
document the bite wound,
speak to a personal injury attorney at Tucker Miller Law 602-870-5511
Dog Attack Arizona Law Firm
What to do if your dog bites you and breaks the skin?
To care for the wound:
Stop the wound from bleeding by applying direct pressure with a clean, dry cloth. Wash the wound. … Apply an antibacterial ointment to the wound. … Put on a sterile bandage. If the bite is on the neck, head, face, hand, fingers, or feet, call your provider right away.
What food should not be taken after dog bite?
Some of the studies done in India have brought out a list of restriction followed by the victims which includes: not eating potatoes, milk, coriander, dhal, spicy foods, tomatoes, meat, etc.
How long do I have to sue for a dog bite?
One Year Is The Time Limits for Filing a Dog Bite Claim. If you are the victim of a dog bite, Arizona law requires you to take legal action against the dog’s owner within one year of the attack. This is referred to as the statute of limitations.
How long after a dog bite does infection set in?
After being bitten, most people who become ill will show symptoms within 3 to 5 days, but this can range anywhere from 1 to 14 days. Most Capnocytophaga infections usually occur with dog or cat bites. But some people who develop a Capnocytophaga infection have not been bitten.
Do all dog bites need antibiotics?
Most animal bites are from a dog, usually one known to the victim. … Antibiotic prophylaxis should be considered, especially if there is a high risk of infection, such as with cat bites, with puncture wounds, with wounds to the hand, and in persons who are immunosuppressed.
What does a dog bite infection look like?
The most common symptoms of infection from animal bites are redness, pain, swelling, and inflammation at the site of the bite. You should seek immediate medical treatment if any of these symptoms continue for more than 24 hours. Other symptoms of infection include pus or fluid oozing from the wound.
Why did my dog attack me for no reason?
Some medical conditions can cause dogs to become aggressive. If a dog that has never shown any sign of aggression suddenly begins growling, snapping, or biting, it may be caused by a disease or illness. … Your suddenly aggressive dog may have an injury or an illness that’s causing major discomfort and stress.
What happens if my dog bites me and draws blood?
Puncture Wounds The flow of blood out of the wound will help to cleanse it. After five minutes, see if you can stop the bleeding through direct pressure. Again, if it does not stop, call for emergency help. If it does stop, cleanse the wound by rinsing under running water with mild soap for five minutes.
Do you need a tetanus shot for a dog bite?
Vaccine considerations following a dog bite should include evaluation of need for tetanus prophylaxis. Dog bites generally are not considered to be tetanus prone unless they are contaminated with soil. … Tetanus toxoid should be administered to patients following a high-risk bite and without vaccination within 10 years.
Who Is Liable In A Dog Bite Injury Claim?
There could be multiple people or entities that may be liable for a dog bite. It is possible if the owner of the dog is not present, a caretaker for the dog may be jointly liable for injuries. There may be other instances where other entities or individuals may be held liable. It is important to consult with an experienced dog bite attorney to determine who the correct parties are in order to file a proper claim.
Under Arizona Law Would A Dog Owner Will Most Likely Be Held Liable?
In Arizona there are very limited situations where a dog owner may avoid liability. There are a few defenses to dog bite claims including baiting and trespassing. Baiting is when the injured person does something that a reasonable person would believe would provoke a dog. This can be something as simple as poking a dog or pulling its ears. The dog bite statute requires an injured person to be on public property or lawfully on private property when the injury occurs. Therefore, if an injured party was trespassing, the owner may not be held liable for the injuries.
How soon after dog bite do I need tetanus?
Even if you are able to clean up the wound yourself, you should still visit a doctor immediately after being bitten. Tetanus shots may need to be administered within 48 hours to be most effective.
How many injections are required for dog bite?
Start a course of 5 anti-rabies injections. Injections at 0 days, 3, 7, 14 and 28 days. Make sure you tell the hospital as much about the dog as you can,
Arizona Dog Attack Law Firm
How much is a dog bite claim worth?
State Average Cost per Claim Number of Claims Claim Payout
1 New York $59,789 821 $49.09
2 New Jersey $55,522 586 $32.54
3 Utah $45,760 116 $ 5.31
4 California $45,542 2166 $98.65
5 Arizona $44,522 393 $17.50
Ranking (highest) Information curated from Quote Wizard
The average settlement amount for a dog bite claim was around $32,000 in 2014, an amount that has only increased since. Oct 18, 2017
Does insurance pay for dog bite?
Insurance covers accidents and statutory liability If the incident is not an accident, but was intentional, only the victim’s insurance will provide coverage. Dog bites are 99.9% accidents, so both kinds of insurance are available if the dog owner and the victim have them. If you are a dog owner, consider bumping up your liability coverage to over $500,000 to ensure you’re financially covered in the event of a dog bite. Some would suggest purchasing an umbrella policy of one million dollars in coverage.
Can The State Of Arizona Take My Dog From Me?
Yes, depending if your dog is proven to be vicious without provocation. However, Arizona is the 20th state to completely do away with breed-specific legislation — laws that ban or otherwise regulate dogs by breed.
Dog Bite Lawyer Arizona
The American Veterinary Medical Association states that the rate of dog bites for children is highest between the ages of 5-9.
Most Dog Bites Occur with a Known Dog, in a Familiar Place
Most dog bites affecting young children occur during everyday activities and while interacting with familiar dogs (CDC).
The vast majority of biting dogs (77%) belong to the victim’s family or a friend (CDC).
80% of dog bites happen at home. (Kahn et al (2004) Miller and Howell (2007).
Can I lose my house if my dog bites someone?
Dog bites can be a serious problem. If a canine bit someone on your property, you may need to fight a lawsuit. Conversely, if you were bitten by a dog on someone else’s property, you may be able to recover damages from the property owner. Contact a local personal injury attorney to discuss your legal options.
If You Or A Loved One Have been bitten or Attacked By A Dog Give Us A Call Today 602-870-5511
DISCLAIMER: All statement contained are not meant to be medical or legal advice. Consult Your Physician if Bitten By A Dog
Brain Injury or Closed head injury is typically referred to as a traumatic brain injury or TBI, such an injury is usually caused by a blow or a jolt to the head or a rapid deceleration acceleration without direct impact. Most traumatic brain injuries are a result of heavy impact. Although other causes of head injuries can include restricted oxygen flow or asphyxiation, or even a severe untreated infection.
The Effects of Brain Injury May Take Months To Express Themselves
The Effects Of Traumatic Brain Injury
The effects of a traumatic brain injury can include impairments and balance coordination, fine motor skills, strength endurance, along with memory, information, processing skills and language coherence of the parts of the brain that are most vulnerable to injury are the brain-stem temporal or side lobes and the frontal lobes due to their proximity to bony protrusions on the inside of the skull. Disorientation, hostility and frustration can all be symptoms of a brain-stem injury. Temporal lobe damage can trigger failed memory and behavioral disorders, frontal lobe trauma, a more frequent injury due to its size and position can affect a person’s decision making and judgment abilities. Sadly, the individual with the traumatic brain injury, will sometimes never be able to work again and risks Financial ruin.
Brain Injury Categories Are Not True Indicators Of Your Injuries
Brain injuries are categorized as mild, moderate, or severe. However, the categories are not true indicators of how severe the effects on the human nature. The TBI victim may be an individual diagnosed with a mild traumatic brain injury and may even seem completely normal and uninjured to others, but suffers with significant damage such as loss of consciousness altered mental state at the time of injury or difficulty mentally focusing after the accident. The effects of a true TBI can take months in certain cases to express the symptoms of brain damage. Almost all brain injury patients will go through denial and are definitely afraid to discuss that they have having cognitive trouble.
Traumatic Brain Injury Symptoms
An Abbreviated List OF TBI Symptoms
Common signs of a traumatic brain injury include constant or mild headaches, loss of consciousness, amnesia, or decreased memory, sleep, pattern changes, dizziness, lightheadedness, balance problems ringing in the ears. Mood or personality changes, increased sensitivity to sounds lights or interruptions and difficulty organizing or sequencing information.
Overall traumatic brain injury can cause brain swelling which typically occurs when a person strikes his or her head or is hit in the head, but the skull remains intact. The actual brain injury occurs because the brain tissue strikes the inside of the skull during the impact potentially leading to bleeding, bruising, swelling, or other damage at the points where the brain impacts the skull.
Obviously an open TBI occurs when the skull is fractured or penetrated or otherwise broken into some way. An open TBI sometimes is defined as a “penetrating head injury”. An open TBI typically results in a significant brain injury. Particularly if the penetrating object causes severe trauma by entering the brain tissue itself.
A few Functional Brain Tests Your Healthcare Physician will use to diagnose Traumatic Brain Injuries
A preliminary evaluation tool used to gauge the severity of traumatic brain injuries is the Glasgow coma scale. The Glasgow coma scale measures the post-trauma brain function such as your ability to perform eyelid opening abilities, verbal responses, motor responses, and then assigns a score to each area. The scores from each section are then added together for an overall score. The lower the score, the worse, the injury,
Other Tests for TBI are the Functional Independence Measure (FIM), and the Disability Rating Scale (DRS) to measure the degree of a traumatic brain injury.
The Functional Independence Measure (FIM) utilizes 18-different functional measurements that delve into an injured person’s physical, psychological and social function. Whereas the Disability Rating Scale as defined by Wikipedia.
“The Disability Rating Scale (DRS) was developed as a way to track a traumatic brain injury (TBI) patient from ‘Coma to Community’. The scale was used to rate the effects of injury and decide how long recovery might take. The rating gives insight into the cognitive impairment of the individual who suffered from the TBI”. Neuropsychologists can further define the nature and degree of a brain injury through a series of sophisticated tests.
Traumatic Brain Injuries Victims May Never Return to The Work Force
In conclusion Traumatic Brain Injury (TBI) can lead to death and disability. Sadly, the number of TBI-related emergency department visits, hospitalizations, and deaths increased by fifty three percent in an 8-year period from 2006 to 2014. Amazingly the death rate from TBI in 2014 was 155 per day.
Survivors a TBI you may suffer consequences that last a few days, or the rest of your life.
The consequences of TBI can include impairments related to thinking or memory, movement, sensation (e.g., vision or hearing), or emotional functioning (e.g., personality changes, depression).
Tucker Miller Law Traumatic Brain Injury Attorneys
If you or a loved one have suffered a Traumatic Brain Injury and need legal representation all aspects of your life today as well as into the future must be accounted for. At Tucker Miller Law we are experienced brain injury lawyers and we will vehemently represent you and yours and get you the largest settlement allowed by state law. Call Now 602-870-5511
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At the Tucker and Miller Law firm, our attorneys concentrate solely on personal injury and malpractice cases. By allocating all of our reserves to helping accident injury and malpractice victims, we get the results other firms can’t. You’ll have countless questions throughout this process. You don’t need to answer them alone.
WE HAVE PROVEN TRACK RECORD ON BOTH SIDES OF YOUR LEGAL CASE
We have fought insurance companies on behalf of injury victims for over two decades and before that we used to work for the insurance industry and that experience allows us to safely state we will always be one step ahead of the insurance company. We know what and when they will do it. There will be no surprises when you hire our Phoenix Personal Injury and Malpractice law firm.
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Small case or large case, our personal injury lawyers refuse to give up until we cause the insurance company to give you what is not only fair but what is the largest settlement allowed by Arizona Personal Injury law.
When we are in the room insurances companies take notice and understand that we know what we are doing because our relentless tenacity to stick by injury victims has built us a reputation. When our attorneys represent you, insurance companies just flat out listen.
OUR VALUE STATEMENT
Numerous injury and malpractice sufferers entertain the idea of hiring a budget-rate attorney or even worse representing your case by yourself and therefore make more money because there are no legal fees. Nothing could be further from the truth.
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YOU CAN TRUST OUR EXPERIENCE
At Tucker and Miller Law, we dedicate our entire practice personal injury and malpractice cases. That means our attorneys and staff take your case by the hand and will be by your side guiding you every step of the way. We will help you and your family figure out your next steps.
Medical malpractice ensues when a health care provider—a nurse, a physician, anesthesiologist, neurologist or surgeon commits negligence resulting a major injury and/or death. Obviously, no amount of financial compensation will ever make you whole again following what you or a loved one have lost due to negligent injury, but we can facilitate your argument for the continued care and financial compensation that you lawfully deserve.
Our 28 years of experience in investigating potential medical malpractice and personal injury cases both from the insurance perspective as well as from the plaintiff’s perspective affords us a distinct advantage over other law firms who do not have the same experience. If you or a loved one have suffered injury due to medical malpractice or personal injury, we are dedicated to holding negligent health care providers accountable for their serious errors. We will walk you and your family through the difficulties of dealing with medical malpractice claims.
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WHEN SHOULD I HIRE A PERSONAL INJURY LAWYER?
Personal injury law is a complicated matter. An Attorney can help you understand insurance adjusters and proposed claim resolutions, your legal rights as a personal injury or malpractice victim and how the laws relate to your specific situation. An excellent reason to hire a lawyer is so you do not miss the statute of Limitations.
Suffering an injury is never fun and typically involves plenty of emotional stress. It is difficult to stay on top of a personal injury or medical malpractice case plus making sure you are taking all the right steps. Pain suffering and emotional stress can affect how you process and take all the correct steps to fair settlement.
The personal injury and medical malpractice attorneys possess the legal experience to take care of all the legal process and you can take time to get as healthy as possible. Tucker and Miller will fight for the compensation you deserve and will not settle for less.
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We have found that the typical response of personal Injury or malpractice sufferers is to settle for the 1st offer insurance companies want to give them, just to be done with the whole idea of settling. We realize that you and your loved ones just want to get back to a state of normalcy. We opine that settling a case on the first offer is counterproductive to receiving fair and equitable compensation for your physical and psychological injuries.
Remember when you settle that is it you are done. What happens if a few months down the road you need more care or another surgical procedure you cannot go back and ask for more from the insurance company, even if it is related to your injuries caused by the negligence of another. Clearly, we would prevent you from making that mistake and we will also ask for compensation for pain and suffering.
OUR GOAL: GET YOU THE HIGHEST SETTLEMENT ALLOWED BY THE LAW
Our goal for all our clients: Get you the monetary settlement you deserve due to someone’s negligence and to make sure you get the medical treatment you need with minimal interruption to your life.
Has a medical physician or surgeons error left you physically damaged?
Have you lost a loved one as a result of failure to correctly diagnose? You may be entitled to file an Arizona medical malpractice case. Arizona personal injury laws are complicated to say the least and medical malpractice laws are especially convoluted. The Arizona medical malpractice attorneys at Tucker and Miller can review the specifics of your position and tell you if you have a possible a legal malpractice case against your medical Physician, nurse, medical professional or hospital.
“Negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.”
Several conditions must be present to be considered for medical malpractice:
Negligence, or the failure to act wisely, must have been present.
The medical professional has to be the negligent party.
The healthcare professional must do something different from others with the same training and or experience.
The patient must have been injured as a result of the medical professional’s negligence.
The four Ds of medical malpractice are duty, dereliction (negligence or deviation from the standard of care), damages, and direct cause. Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for malpractice to be found.
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In order to qualify to even file a Medical Malpractice four conditions must be present.
These are referred to as the four Ds of medical malpractice:
Duty: a duty to use care toward patients that would be applied by an ordinarily acceptable and wise person in order to protect them from unnecessary risk of harm.
Dereliction: negligence or deviation from the standard of care.
Damages: such as general damages referring to the patient’s loss of enjoyment of life, physical and mental pain and suffering, and loss of future earning capacity.
Direct Cause: a patient must show that the deviation by the healthcare provider was the direct cause of his or her injuries.
Not only do the Four Ds need to be present each of these four Ds have to be proven to be present, with a preponderance of the evidence for malpractice to be considered.
For a medical injury or wrongful death to qualify as medical malpractice, all of these must occur. Simply put, if you’re misdiagnosed, however the misdiagnosis is quickly dealt with and you experience no injury because of this, then it is not considered malpractice. Also, when the medical physician adheres to all of the normal protocols that are normally followed by other like medical physicians who treat other like patients with similar health issues, and you do suffer injury it probably will not qualify for medical malpractice.
The attorneys at Tucker and Miller have legally represented numerous clients who have suffered injury or death at the hands of Arizona healthcare professionals. Your attorney can review your medical records, your personal account of what occurred and other witness testimony to help assess whether you’re a victim of Arizona medical malpractice.
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What You Need To Know When Retaining an Arizona Medical Malpractice Lawyer
Q: What is the statute of limitations for filing a medical malpractice case?
A: The time limit for filing for medical malpractice is two years from the date the injury occurred. Therefore, if you or a love one suspect medical malpractice time is of the essence.
Q: Where does my malpractice case take place?
A: This is actually defined as jurisdiction which means the medical malpractice case must be filed in the same jurisdiction in which the medical malpractice committed. The lawyers at Tucker and Miller have successfully represented malpractice victims in numerous counties in Arizona.
Q: What does a malpractice case cost?
A: At Tucker and Miller we work on a contingency basis which means we don’t require any money up front and we only get paid if we are successful in winning you a settlement. Typically, we would get reimbursed for any expenses related to your case and a percentage of the settlement that we discuss with your before we start any legal proceedings.
Tens of thousands of people die each year due to medical malpractice.
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