Although the symptoms of heart attacks are well-known, such as chest pain, left shoulder pain and jaw pain, neck pain and shortness of breath, lightheadedness, cold sweats, and nausea, medical malpractice is often a reason for heart attacks being misdiagnosed and is known as heart attack malpractice. A heart attack that goes undiagnosed may be due to medical heart attack malpractice, such as an internist mistake, cardiac malpractice, emergency medicine malpractice, or cardiology malpractice. Heart muscle can die every minute that treatment is delayed. The majority of undiagnosed heart attacks lead to death. Heart attack risk factors include:
A heart attack that is not correctly diagnosed is often confused with:
Emergency room doctors are often called upon to treat various medical conditions in a stressful and rushed environment. These doctors must be able to diagnose and treat potentially fatal diseases quickly. Unfortunately, emergency room doctors are often not able to diagnose heart attacks promptly and can be the primary source of heart attack malpractice by failing to diagnose the condition. Cardiological diseases are the leading cause of death in America each year. It kills more than 600,000 Americans every year[1]. It is responsible for 25% of all deaths in the country. Heart attacks occur in approximately 730,000 Americans each year. Most of these heart attacks are due to heart disease. Americans are more likely to have heart disease or heart attacks if they are overweight and have high cholesterol. The United States experiences approximately 1.5 million heart attacks each year. Studies show that around 11,000 cases of the reported heart attack deaths were not correctly diagnosed, leading to unnecessary deaths. In some cases, medical negligence could be responsible for delayed or missed diagnosis of heart attacks. Heart disease can be described as various heart conditions such as angina, arrhythmias, heart failure, and coronary heart disease. The most common condition associated with heart attacks is coronary heart disease. Heart attacks are the leading reported cause of death in America; it is not a secret. It is the second leading cause of death in the state of Tennessee. It is usually treatable if it is caught early and is a common ailment in many people. Medical professionals must be aware of chest pain, pain in the neck, back, jaw pain, nausea, shortness of breath, and cold sweats. Failure to recognize a heart attack by a doctor may be considered malpractice. Medical malpractice lawsuits often involve cases involving negligent failure to diagnose a heart attack in a timely and accurate manner. ![]() HEART ATTACK MALPRACTICE: SYMPTOMS OF A HEART ATTACKMyocardial Infarction (or heart attack) is when a part of the heart muscle dies due to insufficient blood supply. The death of the heart muscle causes chest pain. Around 800,000 Americans experience a heart attack each year. Sometimes, symptoms of heart attack are not always obvious. These subtle symptoms include nausea, lightheadedness, cold sweats. These symptoms may not be obvious and can be caused by a variety of illnesses. Heart attacks often cause chest pain and shortness of breath, and some may even experience back or arm pain. A medical professional should never ignore these warning signs. In some cases, the EKG or blood tests might not have been correctly analyzed. Cardiologists are specialists in heart disease and heart attacks, so they do not make the same mistakes as ER doctors or family doctors when it comes down to recognizing symptoms. It is essential to contact a cardiologist as soon as possible. ![]() SIGNS AND SYMPTOMS OF HEART COMPLICATIONS: Heart attacks occur when blood is not reaching the right parts of your heart—every second counts when you have a heart attack. As the heart attack progresses, your heart muscle will die. These are the signs and symptoms that indicate cardiac arrest:
Heart disease can result in a heart attack or congestive heart failure. It can be caused by high blood pressure, obesity, smoking, high cholesterol, and diabetes. CARDIAC ARRESTS AND RELATED ILLNESSES: In the United States, cardiovascular disease is considered the leading cause of death for the general population consisting of people from all walks of life and genders. The cause of this illness is a narrowed circulation due to the buildup of fat in the vessels. Blood cannot flow freely to the heart if it isn’t open. It means that oxygen and nutrition are not able to enter a person’s body. Nearly 50% of those who experience cardiac arrest in the United States each year die from it. The treatment for cardiac arrest is to clear blockages in the arteries. It allows blood to flow more easily and lowers the chance of another cardiac arrest. The procedure called thrombolytic therapy is successful in treating cardiac arrest as it helps break down clotted blood. Other surgeries, such as angioplasty or coronary bypass, can also treat cardiac arrest. These options must be administered as quickly as possible, usually within an hour after the signs of cardiac arrest. One 1 of 50 episodes of cardiac arrest goes undiagnosed, according to research. ![]() HEART ATTACK MALPRACTICE: COMMON CAUSES:A significant risk factor is symptoms that are not the same as those associated with heart attacks. Research has shown that misdiagnosis of heart attacks in female patients is more common than for male patients[2]. It may be due to the unusual symptoms that women show which are different than the ones men experience. Many heart attack victims are unable to receive a timely diagnosis and sometimes a negligent diagnosis which can constitute a heart attack malpractice lawsuit. These symptoms include:
These symptoms are not the same as the ones men experience which include headaches, pain in the chest and jaw, shoulder, arm, and neck, and pain between the shoulder blades. Female patients suffering from a heart attack may be misdiagnosed as having psychiatric, emotional, or musculoskeletal issues, anxiety, or indigestion. Women may not get life-saving treatment such as an emergency cardiology consultation, nitroglycerin or heparin, and thrombolytic drugs. Instead, they might be prescribed antianxiety drugs. Studies also show that non-whites are more likely to be misdiagnosed or delayed diagnosed with heart attacks.[3] It could be partially explained by the fact that many non-white heart attack victims are younger. One study found that heart attack victims of African descent were almost ten years older than white patients. Medical professionals may not suspect a heart attack in a younger person, regardless of race. Senior heart attack victims may also be at risk for misdiagnosis and delayed diagnosis. Atypical symptoms can sometimes be seen in older patients. Many patients with chronic conditions may also present. Even if an ER doctor believes that a patient has a heart attack or another medical professional, negligent diagnostic testing can prevent a timely diagnosis. ![]() RESULT OF MISDIAGNOSIS OF A HEART ATTACK: HEART ATTACK MALPRACTICEA patient’s failure to receive a prompt and accurate diagnosis can lead to severe consequences. Studies have shown that delayed or missed heart attacks diagnoses can lead to adverse medical outcomes, including death. A study found that the risk of dying from a heart attack is almost doubled if it is not correctly diagnosed. Patients who are not diagnosed with a heart attack or who have been delayed in getting one often experience more complications than those who are correctly diagnosed. According to a study, nearly three-quarters of heart attack patients were readmitted after being misdiagnosed. However, the rate for patients who were correctly diagnosed and admitted for treatment was only 17%. ![]() WHAT IS CONSIDERED “HEART ATTACK MALPRACTICE” WHEN A PATIENT IS NOT DIAGNOSED?Heart attacks are something that health care providers must investigate and exercise due diligence. In general, doctors in emergency rooms can be sued if they fail to provide an acceptable standard, including ordering tests to determine whether a heart attack occurred and asking questions about the patient’s family history and any existing heart conditions. A doctor who fails to request an electrocardiogram (ECG) or EKG test to determine if a patient’s heart function properly is one of the most severe potential sources of malpractice. If a doctor or medical team misdiagnoses a heart attack, they could be guilty of malpractice. To determine if the misdiagnosis is malpractice, you need to look at the doctor’s information and the exam results. A simple examination of medical records may reveal common symptoms of a heart attack. But the papers must also include common clear signs of a heart attack, any family history of heart disease in the family. It should consist of if all the required tests were done correctly, if the doctor asked the right questions, examined the patient properly, and history of any prior heart attacks at other medical facilities. These are just a few uncountable issues that should be considered when determining whether a medical professional was negligent. Patients can be sent home with a vague explanation of their indigestion if they are unsure of the meaning of the abnormalities. A heart attack victim may experience more severe or minor attacks over the next few hours or days and could be left with long-term or even permanent damage. ![]() DEATH DUE TO FAILURE TO DIAGNOSE A HEART ATTACK: HEART ATTACK MALPRACTICE Sometimes, it takes time for symptoms that could lead to cardiac arrest to manifest before the arteries become blocked and the patient is admitted to the hospital[4]. Medical professionals have a duty to perform tests on hospitalized patients to determine if they went into cardiac arrest. Sometimes, medical professionals ignore warning signs or do not spend enough time with patients to notice symptoms. It can lead to severe injuries and even death. The aggrieved patient can bring a malpractice case against the medical provider if they have suffered a heart attack. An emergency room doctor failed to diagnose it on time correctly. Tucker & Miller, a law firm in Phoenix, Arizona, offers a free consultation to assess your case. You do not pay anything unless we recover compensation—Call 602-870-5511 to schedule an appointment. Our lawyers, including handle all types of medical malpractice cases:
![]() HEART ATTACK MALPRACTICE LIABLE PARTIES: Patients who have chest pains or other symptoms that are typical of heart attacks will seek treatment in an emergency room. Patients with unusual symptoms after a heart attack may also visit the ER. They may not be aware that they may have a cardiac problem. Many doctors in the ER could make a mistake and fail to diagnose a cardiac attack promptly. These health care professionals include:
Studies show that ERs with fewer patients may misdiagnose heart attacks more often than ERs with many patients, which could be because smaller emergency rooms have less experience diagnosing heart attacks and are more likely to diagnose them accurately. A negligent diagnosis could also be made by medical professionals working in settings other than the ER. Other health care professionals who may be responsible for misdiagnosis of heart attacks or delayed diagnosis could also be at fault. SHOULD AN EMERGENCY ROOM DOCTOR BE ABLE TO DIAGNOSE HEART ATTACKS? Many emergency room doctors are under pressure financially to see many patients, so they cannot spend enough time with each one to diagnose heart attacks. A patient might feel pain lifting his arm over his head after a match of tennis. The pain may be a sign of a shoulder injury or heart attack, but the doctor in the emergency room may not know the patient’s medical history. Medical malpractice lawsuits can be used to hold emergency rooms responsible for ordering the appropriate tests to diagnose heart attacks or other life-threatening conditions. HEART ATTACK MALPRACTICE-HOW TO DETERMINE IF MY CASE WAS MISDIAGNOSED OR DELAYED? Patients and their families will likely have many questions and concerns if a heart attack is not diagnosed or misdiagnosed. It is normal to wonder if medical professionals could have detected the heart attack earlier and if that would have saved the patient’s lives or improved their heart health. It would be best if you seek out a professional opinion from another specialist doctor and get the tests redone to confirm your hunch. ![]() 1Virani SS, Alonso A, Benjamin EJ, Bittencourt MS, Callaway CW, Carson AP, et al. Heart disease and stroke statistics—2020 update: a report from the American Heart Association Circulation. 2020;141(9):e139–e596. 2 GO HERE 4 Fryar CD, Chen T-C, Li X. Prevalence of uncontrolled risk factors for cardiovascular disease: United States, 1999–2010 pdf icon[PDF-494K]. NCHS data brief, no. 103. Hyattsville, MD: National Center for Health Statistics; 2012. from https://tuckermillerlaw.com/failure-to-diagnose-heart-attack-malpractice-101/
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Baker[3] recently reviewed the liability records for more than 8,401 radiologists. They found that 1 in every 2 US radiologists is involved with a medical malpractice case by the time they reach age 60. Recent studies also found that the most common claim underlying malpractice claims is failure to diagnose, with breast cancer being the most common. Particularly for chest radiologists, failure to diagnose lung cancer is the most common allegation.[4] In addition to the diagnostic process, earlier publications and expert commentaries have warned of potential risk management issues surrounding the communication of results and ensuring radiologist-recommended follow-up.[5] It can be highly devastating to receive the cancer diagnosis of a loved one. Early diagnosis is key to overcoming cancer, as with all illnesses. A patient could face severe consequences if the tumor is not detected early or missed by doctors altogether for a long time. These delays can lead to more invasive treatment, emotional and physical pain, and even death. It is common knowledge that a patient’s survival chances get manifolds better if they are diagnosed early. A delay in diagnosing cancer can lead to a higher likelihood of the tumor spreading to other vital organs, significantly decreasing a patient’s chance of survival. ![]() What Is Failure To Diagnose Cancer? What Are The Causes Behind It?Failure to diagnose cancer is a legal term[6] that refers to an event in which a doctor fails to recognize and treat cancer in a patient. A failure to diagnose usually means that the patient had visible signs and symptoms of cancer and should have been diagnosed. Failure to diagnose can have mortifying consequences for many patients. Cancer is becoming more manageable with advances in medicine which especially holds if it is caught early. The prognosis for cancer can be drastically different if it is not diagnosed and treated early. As has been discussed hereinabove, early diagnosis and treatment are the keys to successful cancer treatment and, in some cases, even cure. Failure to diagnose cancer can lead to patients missing critical times during which treatment is most efficient. A lawsuit is a means to receive compensation for misdiagnosed or undiagnosed cancer patients who suffer from harm due to failure to diagnose. Medical malpractice is when a doctor fails to diagnose a patient or misdiagnoses a patient. It can be very harmful to fail to diagnose serious illnesses like cancer. Some cancers are treatable at first, but they become more difficult as the disease progresses. To diagnose patients, doctors rely on the patient’s symptoms. A majority of doctors are qualified to perform differential diagnoses. The doctor will take the patient’s symptoms and make a list of possible diagnoses. They then rank them from most likely to least likely. Failure to diagnose cancer may occur when a doctor does not recognize cancer as a possibility or fails to test for it properly, a sign of medical negligence. Every case has unique circumstances that give rise to the various possibilities that can lead to a misdiagnosis or failure to diagnose. If the patient’s symptoms or signs are not clear enough to be diagnosed by doctors, that will lead to a claim for failure to diagnose. It is common because doctors often misunderstand the nature of cancer. Unfortunately, many cancers do not show clear signs until the advanced stages. Sometimes, there may not be any symptoms. The term “failure of diagnosis” is commonly used in legal contexts to refer to a doctor’s negligence when diagnosing cancer. ![]() Doctors use early screening methods to detect certain types of cancer. The onus of responsibility lies partly with the patients as well. For example, a patient should always adequately inform a doctor about any lumps or if they can identify whether the lump is cancerous. If the screening tests are not done correctly, then patients may not receive appropriate care. Sometimes, doctors would not perform specific tests such as biopsies or mammograms because they are too expensive without an indication or information about any lumps from the patient. A failure to create a differential diagnosis or test theories can reduce the likelihood of a doctor finding a cure for the patient. It can also increase the risk that cancer will spread to other parts of the body or require more intensive treatment. Sometimes proper tests are ordered, but due to negligence of radiologist or pathologist when interpreting the results, it misses the eye. A radiologist might misunderstand an image of a tumor and fail to detect the presence of cancer. Another likely possibility is that a pathologist mishandles a laboratory result and produces the final result showing no signs of cancer. Rest assured, it is possible to file a claim for medical malpractice in these cases as well. The aggrieved patients can bring a medical malpractice suit for themselves or their loved one for injuries caused by a failure or delay in diagnosing cancer. The preponderance must prove each element. Your Syracuse lawyer will need to confirm that the details you claim to support your claim are more likely to be accurate than false. It is necessary to retain an expert in most cases on causation and the accepted standards of care. The defendant side can also choose to request an expert from the other side to reassess the treatment meted out by your doctor. It can be quite a challenge to prove that a doctor incorrectly diagnosed cancer. ![]() Failure To Diagnose Cancer Examples:These are various examples of cases where the doctor missed cancer during the diagnosis phase:
All types of medical malpractice claims, including misdiagnoses and cancer diagnoses, are handled by us, like:
A proper cancer diagnosis is essential for patients with advanced cancer, which happens when the disease has spread or metastasized. These cases are more challenging to treat. Advanced stages of cancer may require additional treatment options, such as chemotherapy and surgery. Treatment of advanced cancer stages requires a more aggressive approach and can lead to further pain and discomfort for the patient and cause a degradation in the quality of life. ![]() Law Regarding Medical Malpractice:When a patient claims that an improper medical cane caused bodily harm, it is called a malpractice claim. Medical Malpractice is professional medical negligence when a physician fails to adhere to the accepted standard of care. It means that they breach their duty to the patient. When negligence is the direct cause of injury, liability can arise. A general type of radiology claim involves errors in the interpretation of radiographs[1], such as misdiagnosis[2] or failure to diagnose. If the image shows a medical problem, misdiagnosis can be ruled as negligent. The three main types of medical malpractice are claims-misdiagnoses, complications, and miscellaneous. In a study conducted by Dr Mary Hamer and colleagues[3] it was found that misdiagnosis is the most common claim category, with 67% of cases followed by failure to diagnose malignancy, with 30% of cases. These cases included failure to diagnose lung cancers on chest radiographs and to fail to diagnose colon carcinomas using barium enema tests. The subcategory has a median of $162,000 in compensation. The median payment being $6,500. However, misdiagnosis of fractures or dislocations accounted for only 13%. Complications were the second most frequent claim category at 14% of cases and most often occurred during angiography. Data shows that compensation for complications is high at $217,000 (median). Miscellaneous claims were the third category and included the most common claim: failure to promptly inform a physician of urgent information (9%). Another claim observation is that 82% involved radiologists or radiology departments, and 18% involved non-radiologists responsible for interpreting radiologic studies. Medical malpractice law aims to ensure patients receive competent care, including an accurate assessment of their health and a plan of action based on their condition. Medical malpractice law provides compensation for patients whom doctors do not give a correct diagnosis. To bring a valid medical malpractice claim against the hospital for misdiagnosis or failure to diagnose, patients must demonstrate three essential elements that will form the basis of the claim lawsuit:
![]() Negligence In Failure To Diagnose: Failure to diagnose lawsuits is defined as the negligence of a physician responsible for diagnosing and treating the patient’s symptoms. Negligence can be defined as the failure to provide proper care and attention when treating a patient. It is when a medical professional does not have sufficient information or resources to diagnose cancer. Standard Of Care The court will evaluate the medical professional’s actions against the industry standard to determine if negligence caused the failure to diagnose. The expected standard of care is what each patient should be receiving for their particular illness. Interviewing other doctors with similar experience and qualifications to establish the standard of care is expected to determine it. The doctor could be held responsible for negligence if the doctor’s actions do not conform to the industry’s expectations. Death From Failure To Diagnose: The extent of cancer may mean that the patient missed an opportunity to cure it entirely. These cases may result in treatment being administered to alleviate symptoms and improve the patient’s remaining life quality. If the diagnosis of cancer is not made, the patient could die. Investigation Of Failure To Diagnose: Patients with cancer whom their primary doctor did not correctly diagnose will often find out about the failure by another doctor. If patients feel their symptoms are not consistent with the doctor’s recommended treatment plan or diagnosis, they should consult another physician immediately. A proper diagnosis may only be possible if the patient takes the initiative to seek another opinion. Patients who feel they have cancer should speak with a lawyer about their legal options. The aggrieved patient may bring a malpractice case against the doctor if the doctor failed to diagnose their late-stage cancer or have a loved one who died from it. ![]() Possible Liable Parties: A claim is usually brought against the medical professional who delayed the diagnosis.
![]() Should My Doctor Have Diagnosed Me Sooner? Sometimes, a doctor cannot have diagnosed and treated your cancer sooner. However, doctors may not have ordered the proper tests in other instances, even though patients present recognizable symptoms. Each year, thousands die from cancer-related deaths caused by failing to order the proper tests or misreading those results. Contact us for more information about the misdiagnosis of cancer claims. Contact Tucker & Miller to discuss your case regarding misdiagnosis or failure to diagnose. Your first consultation will be free of cost. ![]() Medical-Legal Citations [1] Harvey, H. B., Tomov, E., Babayan, A., Dwyer, K., Boland, S., Pandharipande, P. V., Choy, G. (2016). Radiology Malpractice Claims in the United States From 2008 to 2012: Characteristics and Implications. Journal of the American College of Radiology, 13(2), 124–130. doi:10.1016/j.jacr.2015.07.013 [2] Agency for Healthcare Research and Quality. Medical Liability Reform and Patient Safety Initiative progress report. Available at: http://www.ahrq. gov/professionals/quality-patient-safety/patient-safety-resources/liability/ medliabrep.html [3] 6. Baker SR, Whang JS, Luk L, Clarkin KS, Castro A III, Patel R. The demography of medical malpractice suits against radiologists. Radiology 2013;266:539-47. [4] Whang JS, Baker SR, Patel R, Luk L, Castro A III. The causes of medical malpractice suits against radiologists in the United States. Radiology 2013;266:548-54. See also, Baker SR, Patel RH, Yang L, Lelkes VM, Castro A III. Malpractice suits in chest radiology: an evaluation of the histories of 8265 radiologists. J Thorac Imaging 2013;28:388-91. [5] Berlin LM. Failure of radiologic communication: an increasing cause of malpractice litigation and harm to patients. Appl Radiol. Available at: http://www.appliedradiology.com/Issues/2010/01/Articles/Failure-of-radiologic-communication%13An-increasing-cause-of-malpractice-litigation-and-harm-to-patients.aspx [6] Bal, B. Sonny. “An Introduction to Medical Malpractice in the United States.” Clinical Orthopaedics and Related Research. 467.2 (2009): 339-347. Print. [7] St. Paul Fire and Marine Insurance Company. Study shows causes of claims. ACR Bulletin. Vol. 41. Reston, Va.: American College of Radiology, 1985; 8. [8] Doubilet P. Herman PG. Interpretation of radiographs. AJR 1981; 137:1055-1058. [9] Hamer, M. M., Morlock, F., Foley, H. T., & Ros, P. R. (1987). Medical malpractice in diagnostic radiology: claims, compensation, and patient injury. Radiology, 164(1), 263–266. doi:10.1148/radiology.164.1.3588916 from https://tuckermillerlaw.com/medical-malpractice-failure-to-diagnose-cancer-101/ If you are ever injured in a motor vehicle accident, you potentially experience a variety of injuries. Temporary stiffness or pain can progress to serious complications such as fractures and other bodily harm. And with all of these ailments come occasionally astronomical medical expenditures as you attempt to heal. If you are recovering from a car accident injury and are concerned about getting billed for medical treatment in excessive amounts. According to the World Health Organization, up to 50 million individuals are injured in car accidents each year, so you are not alone. However, how much money can you expect to recover in a settlement following a car accident? Our Car Accident Doctor’s best answer is…it depends. ![]() How Much Do Whiplash Injuries Payout In Arizona?Whiplash is caused by a quick, violent movement of the head and neck. The movement causes your neck to jolt back and forth rapidly, much like a whip cracking. Whiplash is one of the most common soft tissue injuries sustained in an automobile accident. Whiplash injuries frequently manifest themselves several days or weeks after the collision. If you have any cause to believe you may have sustained a whiplash injury as a result of an automobile accident, you should seek immediate medical attention and consult with an attorney who can assist you in filing a personal injury claim against the at-fault motorist. The sooner you begin therapy, the more probable it is that you will make a complete recovery. Settlement payout in Arizona for a whiplash injury is determined by the amount of money required to cover medical expenditures, pain and suffering, property damage, and any other personal losses. Compensation for a mild to serious whiplash injury payout in Arizona is normally between $2,500 and $10,000. If you suffer from more severe whiplash, you may be eligible for a settlement of $30,000 or more. A personal injury attorney with experience litigating personal injury cases can analyze your medical bills and other damages and assist you in obtaining the maximum permitted compensation for your full recovery.
How Much Do Back and Neck Injuries Payout In Arizona?There are no two neck or back injuries sustained in a motor vehicle collision. That is why compensation for neck and back injuries can vary significantly between cases. The more serious your injury, the more likely you will receive a bigger payout in Arizona from the at-fault driver’s insurance company and their attorney. The more medical bills you accrue as a result of your injuries, the more favorable the settlement offer is likely to be. In an “average” vehicle accident case involving relatively mild soft tissue injuries such as a neck or back injury, accident victims might expect to get a settlement from the at-fault motorist or their insurance policy between $2,500 and $10,000. If you require additional medical care, such as physical therapy, injections, or other procedures, you may be reimbursed $30,000 for your personal injury claim. If you sustain a more serious neck or back injury that results in shattered or broken bones, you may be entitled to significantly more compensation. If this is the case, your payout in Arizona may exceed $100,000. However, the majority of neck and back injuries caused by automobile accidents are not severe and rarely result in a six- or seven-figure settlement. What Does A Concussion Injury Payout In Arizona?A concussion is typically caused by a violent blow to the head. You could easily develop a concussion if someone hits you in the head or if you fall and hit your head. Concussions are also common in automobile accidents, as it is quite easy to strike your head on the dashboard, steering wheel, or the windows of the motor vehicle. A concussion may not always require a direct blow to the skull, and there are many chiropractic physicians who believe that if you have been in any type of auto accident whereas you suffered whiplash then you actually have also suffered a concussion or some form of concussion. This is because your brain floats inside your skull in cerebrospinal fluid and when you suffer whiplash your brain actually floats in an opposite direction until it touches the opposite side of your skull and then rebounds the other way striking the other side of your skull. Simply the forceful movement of your upper body that occurs frequently in whiplash injuries might cause your brain to shake unhealthily or to collide with the side of your skull. You may obtain cash compensation from the at-fault party as part of your concussion settlement, which might range between $20,000 and $30,000 payout in Arizona. That is if your injury is small and you do not suffer any long-term consequences of your concussion. If you have sustained a more serious concussion, your payout in Arizona may potentially exceed six figures. It is vital to get prompt medical attention if you sustain any form of brain injury. Additionally, you should consult with a personal injury attorney to ensure that you receive the appropriate amount of compensation and do not forfeit thousands of dollars. How Are Personal Injury Settlement Payout In Arizona Determined?Your insurance adjuster or personal injury attorney will not have an exact formula for determining the value of your vehicle accident claim. If you were not hurt and your car received relatively minor damage, you are normally reimbursed up to the limits of your coverage. Compensation for pain and suffering and emotional anguish is only available if you have been wounded in the accident. That is why it is critical to consult a doctor as quickly as possible following an accident, even if you believe you have not been injured. Any medical expenses incurred as a result of your injury will be added to your personal injury compensation. Additionally, keep in mind that some accident injuries, such as whiplash, may not often manifest immediately. If you wait too long to seek medical attention for them, you may lose your right to compensation. And remember that some accident injuries, like whiplash, won’t always appear right away. If you wait too long to seek medical care for them, you might not be compensated for your injury. To get a rough estimate of what your personal injury settlement might be worth, add up your expenses for medical bills, car repairs, lost wages, and any other financial losses due to the accident. Then multiply that sum by three. That probably won’t be exactly what you get, but it should be in that ballpark. For example, if you’ve suffered severe injuries, you might pay $10,000 in medical bills like an injury to your back. You also had to miss work, which resulted in $5,000 in lost wages. If there were no other expenses, your settlement might be worth around $45,000. The more severe injuries you have, the more you will receive in your settlement. Accident settlements can also be limited by the policy maximum of the at-fault driver’s insurance policy. So, if you have $30,000 in damages, but their policy maximum is $20,000, you may need to sue the individual separately to get the additional $10,000. An experienced car accident attorney can help with this. Or you might be able to file with your insurance company if you have under-insured motorist coverage. ![]() Do I Really Need a Personal Injury Attorney? Your insurance provider may make you an offer nearly soon following your accident. They wish to avoid settlement conversations entirely and to have you settle immediately. Your insurance adjuster may even inform you that you do not require the services of an expert attorney. If they tell you that you do not require an attorney, you do. You do, however, require a very skilled automobile accident attorney. The initial offer they made you is never sufficient to cover all of your losses. They want you to accept it in order to pay the least amount possible for their claims. That is how they earn their living. Your attorney is a legal representative who is knowledgeable about personal injury law and can help you obtain the maximum compensation possible. They will ensure that you are not exploited by your insurance company. When looking for an attorney, look for one who specializes in automobile accident cases. Read evaluations from previous clients, as a high success rate indicates that a lawyer is likely a good car accident attorney. Arrange a free initial meeting with them to discuss the specifics of your case. The initial consultation is complimentary because it allows you and your prospective attorney to meet and discuss the circumstances of your case. After the free consultation, you can decide whether or not to retain the attorney’s services. Alternatively, the attorney may decline to take the case if they believe it is not a suitable fit or if they believe you do not have a strong enough case. ![]() Automobile Insurance Companies: How to Deal With Them If you’ve been involved in an accident, you should immediately contact your automobile insurance company. Your insurance company will issue you a claim number and assign you an adjuster to handle all aspects of your claim. Although dealing with insurance companies can be challenging, the following guidelines can assist: Be prepared for your insurance company to send a representative to inspect the vehicle, assess the damage, and determine whether the vehicle is repairable. Notify the other driver’s insurance company of the accident but proceed with caution. This company is concerned with the safety of the other driver. When speaking with this company, be careful what you say and how you say it to ensure that they cannot use any of your statements against you. If the other driver’s insurance company contacts you, remain polite but refrain from providing a recorded statement or signing documents granting them access to your employment or medical records. You have the right to deny these requests. It is best to inform the insurance company that you will provide all necessary information upon completion of your treatment. Engage the services of a lawyer to assist you. Again, dealing with insurance companies can be intimidating and complicated if you are unfamiliar with the process, but an auto accident attorney will be able to guide you through it. Best Benefits of Employing Tucker Miller Law Firm Following A Car CollisionFor someone unfamiliar with the rules and laws governing automobile accidents in Arizona, they can be perplexing. Insurance companies are always up to date with Arizona statutes, regulations, and laws and are very adept at exploiting them in order to avoid compensating you for any damages sustained. Regrettably, you can anticipate insurance companies to:
When you retain the services of a Tucker Miller Law personal injury lawyer following a car accident, you partner up with legal activist who will fight for your legal right to be compensated to the fullest extent of Arizona law. This is highly critical if you have sustained injuries that are seriously affecting you physically as well as mentally as a result of an auto collision which may render you to be unable to deal with insurance adjusters or legal proceedings on your own. Your attorney will put together evidence necessary to support your claims, such as police reports, witness statements, pertinent medical records, and information on lost wages so that you can concentrate on getting your collision injuries back to normal and fully healed. Tucker Miller Law’s personal injury attorneys are familiar with Arizona’s statute of limitations and will ensure that all necessary paperwork is filed on time. Experiential attorneys understand the nature of the roadblocks that insurance companies erect in order to avoid paying compensation and how to overcome them. Additionally, they are aware of the impact that liens and complicated insurance issues can have on your recovery. They can also assist you in preparing for a trial if your case is not resolved prior to trial. Our personal injury attorneys work on a contingency fee basis, which means they are compensated only if you are compensated. from https://tuckermillerlaw.com/settlement-payout-in-arizona-for-car-accident-injuries/ This is the most frequently asked question following a Uber Lyft Rideshare Accident. Should I retain the services of a personal injury attorney? We believe that having legal representation is always preferable. In Arizona, Tucker Miller Injury Law’s Uber-Lyft-Rideshare Accident Consultations are always free. Without obligation, so you have nothing to lose by discussing your rights as an accident victim. It is critical to protect your rights when it comes to Uber-Lyft-Rideshare accidents and injured passengers. The best way to do so is to consult with an experienced rideshare attorney about your legal options. Uber Lyft Shared Ride Accidents can quickly devolve into complex situations involving multiple parties, including the Uber or Lyft driver, the Uber or Lyft company, and all other drivers involved in the accident. If you were a passenger in an Uber or Lyft and are aware that you were not at fault, you should seek assistance from an experienced rideshare accident law firm to protect your best interests and provide guidance on how to proceed. The attorneys at Tucker Miller Injury Law Firm are prepared and capable of advising you on your legal rights and options. What You Absolutely Should Know If You Are Involved In An Uber Lyft Rideshare AccidentMost people who become victims of a rideshare accident have no idea how complex the legalities can become, and you will need to have a thorough understanding of the company’s insurance coverage, managing Uber’s lawyers, while stressing over medical costs or lost wages shouldn’t be handled by you the accident victim. A Lyft or Uber car collision lawyer can assist you with the information of your Uber-Lyft-Rideshare claim, giving you time to recuperate without the added anxiety of navigating your legal case without legal representation. Another critical aspect of a rideshare road accident is retaining the right attorney. You must ensure that you hire an attorney who specializes in carsharing collisions, not just any type of auto accident. Getting a law firm specializing in Uber, Lyft, or other rideshare company accidents is critical because they are familiar with rideshare regulations and have experience dealing with rideshare insurance providers. Tucker Miller Injury Law Office has a demonstrated track record of success in resolving rideshare accident claims and is here to assist you in obtaining the compensation you deserve. Uber Lyft Rideshare Companies Are Not Just Going To Pay You For You Accident Injuries.The contemporary comparison between traditional taxi rides and the business models updated by UberX, Lyft, and Sidecar is at the heart of the debate between government regulators, personal injury law firms, and the insurance companies in question. The executives of Uber, Lyft, and Rideshare expect you, the consumer, to view them as third-party technology companies. These businesses state on their websites that they “do not operate any vehicles” and do not market themselves as transportation service providers. Uber and similar technology companies do not provide any form of transportation services and do not own, lease, or charter any vehicles for passenger transportation. On the contrary, these rideshare companies are simply technology companies that license their respective applications to transportation service providers. Transportation service providers (vehicle owners) pay a fee for the use of their software technology; the transportation service provider’s passenger (you) pays the transportation service provider (vehicle owner) for transportation services received. As a result, these companies self-identify as simply facilitating a relationship between a third-party driver and a consumer, and as “technology companies,” they should be held harmless. Nor does it have anything to do with your injuries or the drivers’ injuries or property losses. Filing A Uber Lyft Rideshare Accident ClaimWhile you may receive financial compensation through rideshare insurance, the offer or settlement will almost certainly be less than the fair and equitable compensation you deserve. Typically, insurance companies will attempt to reach an agreement on a lower amount to save money. A highly skilled Uber-Lyft-Rideshare Accident attorney can assist you in filing a claim and obtaining the compensation you deserve. However, in order to file a claim, you must be able to establish that the driver was negligent. The following factors must be present to prove negligence- Uber Lyft Rideshare Accident.
Uber Lyft Rideshare Accidents Claims Are Absolutely Stacked Against You While these rideshare companies and their insurance companies may appear cooperative, claiming to be looking out for your best interests, they are not. Both rideshare companies and insurance companies are hell-bent on minimizing their costs, which includes your settlement. Representatives from Uber, Lyft, and other ridesharing companies, as well as insurance adjusters, may well ask you questions that you interpret as harmless. Indeed, they are duping you into providing information that could be interpreted as limiting the amount of your financial settlement offer. from https://tuckermillerlaw.com/uber-lyft-rideshare-accident-in-phoenix-arizona-do-i-need-an-attorney/ On This PageHow Long Will It Take To Settle My Personal Injury Claim?Being involved in a motor vehicle crash is a typically stressful and very traumatic experience for all parties involved. All accident victims are highly motivated to feel better and start healing. Then there is getting your car repaired and in working shape. This article will discuss the many factors and phases that affect the time it takes and answer the frequently asked question How Long Will It Take To Settle My Personal Injury Case. One of the most common questions in a personal injury case is “how long will it take to settle my personal injury case?” Most people injured in an accident, understandably want to be made whole from the settlement and move on with their lives. However, due to the different complexities and factors involved in each case, it is impossible to determine when the case will settle. If you’re expecting a perfect answer to the question, How Long Will It Take To Settle My Personal Injury Case, you’re not likely to get it. It’s highly unpredictable precisely how much time a specific car crash case will take. As a general rule, an auto accident lawsuit proceeds through a series of phases, and the amount of time for each phase varies significantly. In some cases, it could take as little as a few months or as long as several years, with the possibility of receiving a car accident settlement at any point along the way. Factors such as the facts and circumstances surrounding the accident, the nature and extent of the client’s injuries, the type and duration of the client’s medical treatment, the reasonableness of the insurance company’s evaluation, and the other driver’s insurance policy limits, all play a role in the amount of time it will take to settle. For example, a case where the other driver is clearly at fault and the client has relatively minor injuries with a couple of months of treatment will usually settle quicker than a case where liability is in dispute and the client has life-altering injuries with multiple surgeries. What Are The Sequence Of Phases Or Steps To Settle My Personal Injury CasePhase 1: The accident victim files a complaint, and the legal procedure is formally started by the court. Phase 2: The accident victim serves the respondent with a copy of the complaint. This can take several days to 120 days or more to complete, especially when the defendant is exceptionally challenging to find and pinpoint the person in question. Phase 3: The respondent submits a response to the complaint. Depending on the court’s jurisdiction where the lawsuit is being heard, the respondent will have approximately 30-60 days to record an answer to the accident victim’s complaint in order to be considered timely. Phase 4: The process of discovery begins. In order to gather the information that could be used as evidence at trial, both sides will request and exchange information. Legal discovery is a few months to complete but can take up to 12 months or more in some instances. Phase 5: The trial will ensue. A motor vehicle collision court case is typically completed in a matter of days or even hours. Phase 6: Consider whether to file an appeal. If either of the litigants is disappointed with the result of the trial, they have the right to appeal. There are many levels of appeal that could be considered legally viable. Just 1 level of appeal can add several months to years to the total length of the case. It is also important to remember that other, non-case-related factors may impact the amount of time it takes to settle a case. For instance, some hospital records and bills can take weeks to obtain. How Do You Prepare To Settle My Personal Injury Case?Similarly, treating doctors may take up to 30 days to provide the attorney with the client’s medical records and bills. These records and bills are necessary to provide to the insurance company with your settlement demand. Also, the insurance company that is evaluating your claim may impact the length of time it takes to settle a case. The insurance company may request additional documents or have an internal review system that prolongs the evaluation of the case. All of these factors will certainly impact the amount of time it takes to settle. Please note it is not unusual to go back and forth with settlement offers. This usually happens because time is considered “on the side of the insurance companies” to a certain extent because they are not strapped for cash, and they want you to accept the lowest offer possible. Once you accept a settlement you can live with, the timeline to actually receive a check is usually a few weeks to a few months. from https://tuckermillerlaw.com/how-long-will-it-take-to-settle-my-personal-injury-case/ On This Page
Medical Malpractice Errors What’s Next LegallyThe cases that can lead to a medical malpractice lawsuit are many and varied, as there are a huge variety of ways for a doctor to be negligent. In no particular order, the following are types of the most common medical malpractice claims:
You might be shocked to learn that medical errors are the third leading cause of death in the U.S., according to Johns Hopkins. This accounts for nearly 250,000 deaths a year, although the Journal of Patient Safety claims that this number could be as high as 450,000. For example, if a doctor failed to inform a patient of the risks of a certain surgical procedure, they failed their duty of informed consent. In other words, if a patient would have elected not to go through with a procedure once informed of the risks, the doctor may be liable if the patient is injured during that procedure. Medical malpractice law- In common law jurisdictions, 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. There are many examples. Certainly more than we can talk about here, but a real common type of malpractice case is a failure to diagnose. Think of a cancer case. A woman will go to a doctor with a breast lump and the doctor will diagnosis a cyst and it turns out in retrospect that truly was a breast cancer. And the delay in diagnosing the breast cancer has a negative impact on the patient’s prognosis. Now, sometimes a misdiagnosis can result in a medical malpractice lawsuit. Think of the example of a patient who goes to a doctor with cold symptoms. The doctor may think well, this is bronchitis and it turns out that it was truly pneumonia and a chest x-ray was not done and the patient subsequently dies. Another type of malpractice is a surgical error. We have had cases where the wrong side of the patient’s body was operated on or a blood vessel is injured during surgery or a nerve is injured during surgery. Getting an infection in the hospital can be malpractice if proper sterile techniques were not followed in the hospital. In an infection case, often times infections are not promptly diagnosed and treated. Another common type of medical malpractice case deals with medication errors. Sometimes you will get the wrong medication or the wrong dose. Those are the big areas of medical malpractice. Medical Devices and Products Liability CasesA product liability case can arise from injuries caused by defective or dangerous medical appliances, equipment, organ transplants, prosthetic devices, surgical implants, surgical equipment, hospital supplies, diagnostic equipment, and hearing and visual aids. Any of these products can be the subject of a products liability lawsuit if the cause injury to a patient. First concern: statute of limitations With the rise of healthcare costs and recent news surrounding medical device failures might give you pause after your doctor recommends the use of a particular instrument for surgery or care. This article will you help you understand the particular aspect of medical issues in the overall products liability scheme. Before anything else, it is important to understand who the possible responsible party could be. When trying to figure this out just remember who treated you or who gave you services, treatments, devices, prescriptions, or even recommendations? In previous articles we have discussed the evolution of federal preemption for state products liability claims against medical device manufacturers. This is a controversial approach, and federal district and appeals courts have made opposing ruling on cases that are legally identical. Some courts have refused to allow any products liability claims for devices, some have limited claims against only some devices, and some courts refused to limit claims in any cases. The united states supreme court has now reviewed this law to resolve the conflicts. Medical Devices Medical Malpractice Physician Vs Third PartyNot all medical devices are implants. The majority of medical devices in a hospital are used for diagnostics and testing purposes. Some medical devices assist in surgical procedures When any of these medical devices produce bad or incorrect information, it leads to bad decisions. Bad decisions result in injury and grind years off a patient’s life and well-being. Manufacturers of medical devices bear a responsibility to craft devices to specifications and according to regulations. When they cut corners in terms of materials, quality control, or production speeds, they put the public at risk. Implanted devices need to work hold up for their specified lifecycle to avoid patients requiring additional surgeries for removing and implanting. They also need to avoid degrading and deteriorating. It doesn’t take much in the way of foreign materials floating in the body to cause major issues. If complications occur due to issues with a surgically implanted medical device, the product manufacturer may actually be at fault. In fact, certain devices carry an unnecessary high risk of injury in patients. Two notable examples of devices that have caused serious patient injury include: metal hip implants, and inferior vena cava filters for blood clots. Medical devices may be eligible for product liability claims, if found defective in its manufacturing process, design or marketing strategy.
For Every Medical Malpractice Lawsuit, 7.6 Patients Are Injured by Doctor ErrorFor medical negligence claims, the statute of limitations in Arizona is generally two years. This means that an injured person must file a lawsuit against a doctor or other medical provider within two years from the date of the surgical error, or else he or she usually will be barred from pursuing compensation. There are a few limited exceptions to this general rule. The first involves situations in which the patient did not, despite reasonable efforts, discover the malpractice until after the two-year period. A “statute of repose” is then triggered, and the claimant may be able to file suit up to four years from the date of the act of malpractice. There are also statute of limitations exceptions for children and certain other persons who lack the legal capacity to sue due to a disability. The breach by a member of a profession of either a standard of care or a standard of conduct. Malpractice refers to negligence or misconduct by a professional person, such as a lawyer, a doctor, a dentist, or an accountant. The failure to meet a standard of care or standard of conduct that is recognized by a profession reaches the level of malpractice when a client or patient is injured or damaged because of error. After the 1970s the number of malpractice suits filed against professionals greatly increased. Most malpractice suits involved doctors, especially surgeons and other specialists who performed medical procedures with a high degree of risk to their patients. Large damage awards against doctors resulted in higher malpractice insurance costs. Similarly, the increase of malpractice awards against lawyers led to higher insurance premiums and caused some insurance companies to stop writing malpractice policies altogether. According to the article “ten common but preventable errors,” by melanie haiken every year 1. 5 million people are sickened or severely injured by medication mistakes and 100,000 people die. These errors are mistakes and are “avoidable” medical errors. If a doctor makes a mistake when prescribing a medication or there is a medical mistake due to the medication prescribed, you may have means for a medical malpractice lawsuit. What Must Take Place To Constitute Medical MalpracticeMedical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management. To be considered medical malpractice under the law, the claim must have the following characteristics:
How Do I Know If I Have Been The Victim Of Medical Negligence?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. Hire Top Defective Medical Device Malpractice Phoenix Attorneys The experienced defective medical device attorneys at Tucker and Miller can help you get the compensation you deserve. We offer free consultations, and our legal team accepts most defective medical device claims on a contingency basis. This means you only pay a fee when we win your case. Visit our office from 8 AM to 5 PM or call us anytime at 844-977-1900 to discuss your claim today! Nerve damage is a common injury sustained by victims of auto accidents, dog bites and cases of medical negligence including surgical medical 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. There is no financial cap on medical Malpractice cases in Arizona. One of the biggest issues in medical malpractice law is the issue of medical negligence. Medical negligence is defined as a situation where a medical professional has neglected their duty of care to the patient and has actively or passively caused harm to the patient as a result of their negligence. What are the most common forms of medical negligence?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. The legal system is designed to encourage extensive discovery and negotiations between adversarial parties with the goal of resolving the dispute without going to jury trial. 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. Money damages, if awarded, typically take into account both actual economic loss and non economic loss, such as pain and suffering. In a new The Institute of Medicine Report emphasized that patients need to take more responsibility for their own medication education and self-management. The american college of emergency physicians provides medical forms to consumers to pass along information to emergency physicians in case of an emergency. The report stated that errors cause between 44 000 and 98 000 deaths every year in American hospitals, and over one million injuries. Health care appeared to be far behind other high risk industries in ensuring basic safety. The IOM report called for a 50% reduction in medical errors over 5 years. Each year hundreds of medical negligence claims are filed in Arizona. The most common reason for these are errors in diagnosing an illness or injury. Mistakes related to surgeries of all types are a close second as they account for 32% of medical malpractice cases. Some surgeries are common, minimally invasive and yet others are very rare but they can all end in injury, permanent impairment and wrongful death. Surgical procedures that frequently end in malpractice are gastric bypass surgery, bariatric surgery, breast augmentation, colon and rectal surgery, heart surgery, endocrine surgery, hernia surgery, lung surgery, liposuction, neurosurgery, laparoscopic surgery, varicose vein surgery, hysterectomies, abdominoplasties and coronary artery stent placement. What can be done about medical negligence?A medical malpractice victim often suffers additional injuries, or their condition grows much worse because of a medical provider’s negligence and wrongdoing. If you are injured because of a doctor’s medical malpractice, you deserve to be compensated fully for your damages. Contact the medical malpractice attorneys at Tucker Miller law today. Our Arizona medical malpractice attorneys can help you seek the maximum compensation available for your claim. People who retain the right attorney receive up to 3x more compensation than those who do not. This law usually enables people who have been injured by another party’s negligence to recover compensation for the injuries and losses caused by that at fault party. The damages mainly include past and future medical bills, property damage, lost wages, pain, suffering, and loss of enjoyment of life. There are several types of personal injury case types in Arizona. These include automobile crashes, medical malpractice, failure to diagnose Heart Attack, failure to diagnose Cancer, Orthopedic surgical error, Neurosurgical error, commercial truck accidents and wrongful death cases. Hospitals make money from mistakes because insurers pay them for the longer stays and extra care that patients need to treat preventable surgical complications, according to a study published in the journal of the american medical association. Authored by experts from harvard’s medical school, the boston consulting group, the 2010 study is based on a detailed analysis of 34,256 surgery patient records from 12 hospitals. The report indicates that the current payment system makes it difficult for hospitals to improve safety because the cost of improvements is greater than the cost of liability and surgical negligence lawsuits. Medical Malpractice Delay In Diagnosis of StrokeThe Tucker Miller law group is an Phoenix personal injury law firm that has been helping victims of medical malpractice in Arizona for over thirty five years. Among those cases, are victims of a delay in diagnosis of stroke. According to research conducted by physicians from the department of neurology medicine and emergency medicine at yale university, the failure to recognize an ischemic stroke in the emergency department is a missed opportunity for acute interventions and prompt treatment with secondary prevention therapy. Their study examined the diagnosis of acute ischemic stroke in the emergency department of an academic teaching hospital and a large community hospital. The current guidelines recommend intravenous recombinant tissue-type plasminogen (tpa) within about 4 hours in select patients. Patients that have large vessel occlusion may benefit from early recanalization with stent-retrieval devices. Also, patients with missed strokes may not be monitored appropriately for the neurological progression of stroke syndromes or stroke-related complications. There are many forms of compensation for medical malpractice victims, which include lost wages, payment of medical bills, pain, and suffering, and more. You can learn more about your options by contacting our medical malpractice lawyer.
from https://tuckermillerlaw.com/common-medical-malpractice-errors-101/ Serious Injury Collisions And Fatalities In ArizonaIn 2019, there were 129,750 car crashes and 982 were traffic fatalities on Arizona’s roadways. While this number considers all types of traffic-related accidents, high speed collisions tend to have the most destructive outcomes for those involved. Insurance company protocols would like everyone, including prospective jurors, to think that minor impact soft tissue injury claims are without value. This is not true as some people are far more vulnerable to injury due to age, activities or prior injuries that may have healed. The medical profession states there is no clinical correlation between the amount of damage, or the lack thereof is not clinically related to the amount of injury one sustains in a car crash. A defendant, who negligently causes an accident, is legally and financially liable for any aggravation or change in your physical condition caused by said negligence. One could suffer catastrophic injuries or even be fatally wounded. All of this varies on many different factors, including the speed of the vehicle, the weight of the vehicle, what the driver collided with and the length of time between the accident and medical treatment. Serious Injury Collisions High Speed Vs Low-SpeedHigh speed, or major impact, collisions occur when a vehicle is traveling 30 or more MPH and more times than not take place on highways, freeways, and other high-speed roadways. The probability of injury or death in these types of motor vehicle crashes increases with higher speed. Drivers have less control of a motor vehicle moving at higher speeds. The high speed itself may be the cause or a contributing factor to the crash and it also impedes a motor vehicle operators’ ability to take corrective action to prevent a collision accident. Automobile insurance companies typically want to assess your claim by considering the amount and type of damage caused to all vehicles involved and deciding bio-mechanically if the crash forces produced caused sufficient damage to the vehicle to create an injury producing event. If physical damage to the vehicles is less than a certain dollar figure somewhere around three thousand dollars, or if there is no frame or crush damage to the vehicle the insurance company typically decline to pay costs for medical bills and especially will decline pain and suffering stating that the intensity of the impact was not sufficient to cause bodily injuries. Serious Injury Collisions And The Injuries of high-speed collisions include:
High speed collisions typically cause the vehicle to be severely deranged causing difficulty in removing accident injury victims from the damaged car. If EMTs cannot remove the injured occupants from the vehicle, radical procedures will have to be applied. The injury victims may be subject to amputation limbs. There are times EMTs or fire fighters at the scene have to utilize “jaws of life” to cut parts of the motor vehicle to extricate the injured. With high-speed collision crashes there is the possibility of the vehicle catching fire in a high impact, which can result in severe burns to those trapped in the automobile. Here are some interesting facts for Motor Vehicle Collisions in Arizona
Serious Injury Collisions Low-Speed InjuriesLow-speed, or minimal impact, collisions typically occur in congested road traffic on city streets but can also occur on freeways and highways during rush hour and other high-traffic periods. Most Auto Accidents Occur Between 6 and 12 MPH. These collisions typically rear-end, or side-impact crashes are in most cases less severe, than high speed crashes but this does not mean one will not suffer severe injuries following a minor impact collision. Even though soft tissue injuries are typical such as whiplash they are the most common type of injury sustained in low-speed collisions. drivers can also sustain aggravation of asymptomatic disk degeneration or other pre-existing injuries, traumatic brain injuries and nerve damage, as well as neck and back injuries. As a result, individuals involved in low-speed crashes should seek medical treatment to ensure they have sustained no serious injuries. A victim with a pre-existing condition who is involved in an accident can sustain severe injuries as a result of a low-speed motor vehicle crash. What to Do After a High-Speed Collision:
Serious Injury Collisions-Tucker and Miller Law FirmTucker and Miller Law Firm is always ready to assist your loved ones and family members in representing any heirs of a loved one fatally injured or severely injured in a car or motor vehicle crash as the result of negligent, intentional, unsafe or reckless conduct of others. Tucker and Miller have recovered monetary damages for those who have endured the loss of a parent, child, sibling or spouse, including millions in settlements and verdicts to get full and fair financial reward for the loss of their loved one. Serious Injury Collisions Motorcycles and BicyclesObviously if you are operating or riding on a motorcycle, moped or in a smart car or golf cart injuries sustained in low-speed or high-speed can be devastating and even fatal. Tucker and Miller has represented automobile, motorcycle and bicycle riders and pedestrians rammed into by motor vehicles in serious injury cases. All motor vehicle operators must be held liable if they are negligent and violate the rights of other people and/or pedestrians. Motorcycles and bicycles are two types of vehicles that are mainly susceptible in collisions. Over the past 10 years, the number of motorcycle fatalities has continued to rise in Arizona. 2019 saw 170 fatalities which is approximately a 10% decrease from 2018. However, motorcycle and passenger injuries came in at 2,235 on the state’s roadways.
Obviously, it’s well known that motorcycle drivers and passenger riders are more vulnerable to crashes with other motor vehicles. Motorcycle drivers and passenger riders are more exposed to trauma from a collision and have accepted the fact that limited safety apparatus available to them as compared with other motor vehicles, which have seat belts, airbags and are encased in an occupant compartment which is a metal compartment with crumple zones strategically placed to absorb as much of the traumatic forces of a collision. Most of the motorcyclist’s safety equipment available is not fail-proof – according to the National Highway Traffic Safety Administration (NHTSA), motorcycle helmets only are effective in preventing a fatality in 39 percent of crashes. Did you know that there are airbags available for motorcyclists that is an inflatable safety vest that is wired to inflate during a motorcycle crash? During a crash, a triggering mechanism releases compressed gas into the bag. It inflates in less than a second, cushioning your body and organs from the impact. These motorcycle airbags are worn in a vest like fashion.
Most motorcyclists are aware that in general most motorists do not pay enough attention to motorcyclists who share the road with them, and this really increases the danger zone. Here are some other driving activities that endanger motorcycle rider to serious injury collisions
Serious Injury Collisions Motorcycle Vs Motor Vehicle CollisionWhen a Motorcycle Vs Motor Vehicle Collision occurs, whether it is the motorcyclist’s fault or the driver’s, the bike rider is going to endure more devastating injuries than the motor vehicle driver every time. Statistically 80% of all motorcycle accidents result in significant injury or death to the motorcycle rider. Motorcycle operators and motorists who share the road have a legal responsibility to operate their respective choice of transportation vehicles in a safe manner. Motorcycle riders must realize an intensified duty to watch out for other motorists who may inadvertently be contributing to potentially hazardous driving conditions. However, even if motorcycle riders faithfully follow all of the rules of the road, it does no good if motorists do not do the same. lane splitting in Arizona remains illegal. If a motorcyclist causes an accident because of lane-splitting or trying to overtake another vehicle in the same lane, the motorcyclist will most likely be liable for damages The most vulnerable to injury in an accident with a motor vehicle are bicyclists. Most Arizona drivers do not know that Arizona law permits bicyclists to use any road that is not expressly prohibited by law. Bicyclists have as much a right to use the state’s highways, city roads and other roadways as motorists. Like all other vehicles on the road, cyclists on bikes are required to yield to pedestrians. In almost all instances, cyclists are required to follow the same rules as vehicles. When riding on the road, bicycles are required to travel in the same direction as the flow of traffic. As with motorcycle riders, many motorists do not pay attention to the location of bike riders on the road and may even been hostile about sharing the road with them. Consequently, bike riders are more susceptible to be involved in a collision with a car, where the likelihood of the rider sustaining serious injury is substantial. Serious Injury Collisions ConclusionAccidents are more likely to happen when someone is speeding or violating a different traffic rule and/or regulation, like making an illegal lane change or tailgating. In order to decrease the number of low or high impact accidents, anyone using the state’s roadways should operate their vehicles safely and learn to share the road with all forms of vehicle operators – including motorcycle and bike riders. When drivers fail to heed these basic laws, accidents can happen with catastrophic consequences. from https://tuckermillerlaw.com/tucker-and-millers-guide-to-serious-injury-collisions/ ![]() If you or someone you care for has been injured or has developed a disability as a result of the negligence of a medical practitioner or team of professionals, you might be entitled to pursue legal action. Contacting Tucker and Miller Arizona medical malpractice lawyers as soon as possible after the incident will ensure that your rights are covered and that you will be eligible for compensation that will allow you to pursue further rehabilitation and treatment options. ![]() A lawyer from Tucker & Miller may be able to file a medical malpractice lawsuit on your behalf and on behalf of your family against the liable doctor, nurse, technician, physician, anesthesiologist, or medical team for the error or act of negligence that caused harm. Medical practitioners are required by law to follow certain standards of treatment. When these standards aren’t followed, those that are responsible may be held liable for any injuries that result. Through speaking with an experienced injury specialist about your legal options and potential, you will protect your rights as well as the rights of other patients and their families who could be affected in the same way. When hospitals and medical facilities realize that their mistakes have legal consequences, they can act quickly to correct inadequate recruiting, staffing, and training practices and policies that may have contributed to the malpractice incident in whole or in part. When proof is presented that hospital understaffing may lead to patient negligence, for example, the problem can be finally resolved. ![]() When residents of Arizona visit a hospital, clinic, or doctor’s office, they should be able to trust that their health and safety will be prioritized. When preventable mistakes occur, filing a legal lawsuit guarantees that our welfare and well-being are prioritized by those in charge of our state’s hospitals and the entire healthcare industry. What is Malpractice in Medicine?The term “medical malpractice” refers to any act or omission of care by a physician or other medical professional during the course of treating a patient that deviates from accepted standards of practice and causes harm. To qualify as malpractice, there must be some form of injury or harm in addition to the negligent action or inaction that resulted in the injury. Medical negligence can manifest itself in a variety of ways and can occur across all medical specialties and fields of care. Our Arizona medical malpractice lawyers have the necessary expertise and knowledge to represent clients in cases involving all types of preventable errors that result in permanent damage, including errors committed in the operating room, such as surgical errors and anesthesia errors, emergency room errors and cases of delayed emergency care, misdiagnoses and delayed diagnoses that result in permanent injury. ![]() Such errors can result in permanent injury, disfigurement, scarring, and long-lasting conditions requiring lifelong care and treatment, as well as death. When an initial error that results in this type of harm can be avoided through improved shift/staffing policies, improved hiring policies, or an improved system for examining test or x-ray results, medical facilities must act appropriately and implement the necessary changes to halt malpractice in its tracks. We Are Your Go To Medical Malpractice LawyersIf you’re unsure whether your circumstances fit any of the preceding examples or if you have any doubts about whether your case involved an instance of negligence, we encourage you to contact our personal injury attorneys as soon as possible. Our legal team has over 80 years of combined experience handling medical malpractice cases in all areas, and our case results speak for themselves. We’re happy to speak with you about your situation at no cost and assist you in determining whether hiring us for representation is in the best interests of your family. ![]() from https://tuckermillerlaw.com/assisting-those-who-have-been-wrongfully-injured-medical-malpractice-lawyers/ ![]()
Due to a supplier mistake, Audi has requested a recall for a limited number of cars in the United States that may not have been manufactured to the correct specifications. Tucker and Miller Law Firm represents automobile defect Injury victims. Audi Airbag Recall What You Need To KnowThe score line for the passenger airbag, which is the area in which the airbag opens in the event of a collision, is broken on these cars. Such a fault may cause the airbag to deploy and inflate incorrectly, as well as turn some plastic parts into projectiles, raising the risk of injury in the event of an accident. A total of 3,388 Audis will need to be returned to the dealership for repairs. The 2021 RS6 Avant and RS7 Sportback, as well as the 2020-2021 S6 Sedan, S7 Sportback, and A6 Allroad, and the 2019-2021 A6 Sedan and A7 Sportback, are among them. Both of them will be thoroughly tested by approved technicians from the manufacturer, and if necessary, the passenger airbag score-line will be reworked, removing the threat. ![]() The vehicles will be repaired free of charge, as is customary, and since this is a rare defect that is not protected by the manufacturer warranty, owners will not be reimbursed for any future repairs.![]()
On or before May 7, dealers and owners will be officially informed of the issue, and the safety recall will begin. The Audi recall number is 70i2, and you can reach them at 1-800-253-2834, while the National Highway Traffic Safety Administration (NHTSA) can be reached at 1-888-327-4236. If You or A loved one have been injured due to faulty car manufacturing you more than likely are entitled to financial compensation. Give us A We Will Get You The Highest Settlement Allowed By Arizona Law ![]() from https://tuckermillerlaw.com/newsflash-audi-airbag-recall-announcement/ ![]() Filing a Wrongful Death Lawsuit in Arizona.The loss of your loved one is genuinely devastating. When managing these claims, it is vital that you have a lawyer who is understanding, thoughtful, but also aggressive in pursuing your wrongful death claim. A little about the Tucker Miller Law Team, we are a boutique law firm, and we truly have client care and results is our primary focus. So we begin by constructing a team of highly certified professionals to document your case, and we know it can be extremely difficult to understand even where to start, so we constantly start a heart to heart conversation with the family of the loved ones, and genuinely listen to what you’ve been through. We then explain the process of bringing a wrongful death claim and establish an effective legal protocol to maximize your settlement. The insurance community at large does not ever want to pay the true value of wrongful death claims. They do not want to set a precedent of high payouts because it affects future settlements, so they strive to the least amount possible. These insurance companies know which Phoenix Personal Injury firms will go to court and litigate and which law firms just want to settle on the phone. I can guarantee Tucker and Miller law does just settle on the phone and our history is such that the insurance companies know we will litigate for any and all of our clients when necessary. ![]() We typically use a private investigator, an accident reconstructionist, and/or the right forensic professional who can get the info needed to solidify our case. Through this legal process, we utilize cutting edge technological expertise to connect with our clients cases which can make a major impact on the insurance companies. We carefully reconstruct all the evidence and records concerning your wrongful death suit creating an incredible asset when demanding the compensatory settlement you are legally entitled to. This typically results in speedier and greater settlements that save you and your family years of litigation and gets you the justice that you deserve. In Arizona, the statute that determines and defines the laws for wrongful deaths states who can make a wrongful death claim which includes a spouse, parents, children, and legal representatives. It is vitally important for families to speak and consult with a personal injury attorney early to start working on putting together a bullet proof strategy for your case. One important side note, there is typically a criminal investigation that goes along with a wrongful death claim. As a litigation law firm, we understand how the Arizona criminal justice system works. We will file a Notice of Appearance with the court in the criminal case against the defendant as your wrongful death advocate. This allows us and our clients to stay up to date in the state of all criminal proceedings, provide input, and even legal assistance to the prosecutor in the legal quest to hold the individual who instigated the injury responsible. ![]() Also, we used to work for the insurance companies, and we know all of the techniques that they typically utilize in wrongful death claims. So essentially, we know what they are going to do before they do and we will be diligently and skillfully prepared in your wrongful death claim. We specifically create all of the details on your claim, we will be meticulous all the while being there for you, and you will not be left without answers, but will be well informed in your legal process. If you are in need of a detail oriented, aggressive attorney who will be there for you and your family through the wrongful death case, give us a call here at the Tucker Miller Law Team. Call now 602-870-5511 ![]() from https://tuckermillerlaw.com/arizona-wrongful-death-lawsuit-101/ |
About UsPersonal Injury Trial Attorney Tucker Miller Law Phoenix Arizona. A serious personal injury can change your life in an instant. That is exactly we became trial lawyers to help people who face challenges like yours. We have successfully obtained numerous multi-million-dollar recoveries for our clients. We are serious Trial Attorneys for serious injury recovery. No Fee Unless We Recover For You. ArchivesCategories |