Best Birth Injury Lawyers in Phoenix, AZ

FAQs

• Is it necessary to hire a birth injury attorney in Phoenix, and how much does it cost?

  It is critical to hire a birth injury lawyer to combat the substantial defense resources that medical providers in Phoenix bring to bear in their medical malpractice lawsuits. This strategy can help level the playing field and increase your chances of recovering compensation. Attorneys typically bill on a contingency fee basis, which means you only pay if your case results in compensation.

• In Phoenix, is it necessary for a birth injury lawsuit to go to court?

  Birth injury lawsuits in Phoenix are not always necessary to go to court because most are settled through negotiation due to the high costs, risks, and potential for negative publicity that trials pose to healthcare companies. However, if settlement talks falter, court appearances may be required to seek full compensation.

• Is obtaining a preliminary expert opinion affidavit mandatory in birth injury and other medical malpractice cases in Phoenix?

  Yes, birth injury cases and other medical malpractice claims in Phoenix require the filing of an affidavit with a preliminary expert opinion. If expert testimony is required to establish the defendant's liability and the standard of care, it must be stated in this affidavit. If this affidavit is not received and filed in a timely manner, the court may dismiss the lawsuit.

• What must be included in the preliminary expert opinion affidavit for a birth injury or a medical malpractice case in Phoenix?

  In Phoenix, the preliminary expert opinion affidavit needs to list the medical expert's credentials, the evidence to back up the claims, the specific things the defendant did or did not do that were below the standard of care, and how these things hurt the plaintiff. The defendant is also served with this affidavit upon filing.

• Are there damage caps or sovereign immunity laws affecting birth injury medical malpractice lawsuits in Phoenix?

  Damage caps on medical malpractice claims, including birth injury cases, do not exist in Phoenix or other parts of Arizona, nor do they grant government-owned hospitals sovereign immunity from litigation. As a result, Phoenix residents who have been the victims of medical malpractice have the legal right to sue any hospital, regardless of ownership, and receive an unlimited amount of compensation.