Medical Negligence

After an unexpected injury during medical treatment, you may be questioning whether the outcome was an unavoidable complication or the result of negligent care. Our Phoenix, Arizona, medical negligence attorneys evaluate possible claims and pursue compensation when the facts support legal action. 

At Rafael Tirado & Associates, we represent patients and families who believe substandard medical care caused serious harm. With more than 20 years of legal experience, we review potential claims and seek accountability through the civil legal process.

We also serve Spanish-speaking clients, so they can discuss their concerns and understand their legal options in their preferred language. Hablamos español. Contact us to discuss what happened and whether you have grounds to take action. 

Evaluating Whether Your Medical Injury Supports a Claim

Our attorneys review the care you received and the harm that followed to determine whether a reasonable basis exists for a medical negligence claim. A disappointing outcome alone does not establish negligence. Under A.R.S. § 12-563, a claim requires proof that a healthcare provider failed to meet the accepted standard of care and that the failure caused the injury. 

Our assessment focuses on the provider's decisions, the information available at the time, and the consequences for your health. We also consider whether the injury resulted from the underlying condition rather than negligent treatment. That distinction often matters in deciding whether to pursue a case. 

Investigating Diagnosis and Treatment Errors

Our team examines possible failures to diagnose an illness, treatment delays, and harmful clinical decisions. For example, a patient might report worsening symptoms over several appointments, only to learn later that a serious condition went untreated. 

For delayed-diagnosis cases, we consider whether timely care would have prevented or reduced the injury. We look at the sequence of appointments, reported symptoms, tests, referrals, and treatment decisions to identify the potential error and its effects. 

We also handle claims involving injuries linked to surgical procedures, medication decisions, and hospital care. These may involve improper medication dosage, inadequate monitoring, or errors during an operation. We investigate the conduct of the healthcare professionals or facilities involved and whether it contributed to the patient's injury. 

Building Your Claim with Medical Records and Expert Evidence

We build the factual foundation of a medical negligence claim through treatment records and, when required, qualified healthcare experts. Records can show when symptoms appeared, what a provider documented, which tests were ordered, and how the patient's condition changed. 

Under A.R.S. § 12-2603, parties bringing medical negligence claims against healthcare professionals must certify whether expert testimony is needed. When it is necessary, the claimant generally must serve a preliminary expert opinion affidavit with the required initial disclosures. We address these procedural requirements as we build the claim, including the medical explanation of whether and how the provider's care caused the injury. 

Identifying Responsible Parties and Pursuing Compensation

Because Arizona generally allocates fault among responsible parties, we work to identify every healthcare provider and facility whose actions may have contributed to your injury and document the resulting losses. 

Depending on the facts, compensation may address additional treatment expenses, lost income, pain and suffering, and future care needs. Arizona's Constitution prohibits statutory caps on damages for personal injury or death, and we pursue compensation for the full extent of losses supported by the evidence. 

Our approach accounts for the impact on your everyday life as well as your immediate bills. We consider evidence of ongoing limitations, anticipated medical treatment, and changes in the ability to work. Through our personal injury services, we pursue claims that reflect both the financial and personal consequences of preventable injuries. 

Protecting Your Claim Against Filing Deadlines

We review the treatment timeline and the parties involved early so that an applicable deadline does not eliminate a potentially valid claim. Under A.R.S. § 12-542, Arizona generally provides two years from when a medical negligence claim accrues, and the discovery rule may affect when that period starts. 

If a public entity or public employee is involved, different rules can apply, including a 180-day notice-of-claim requirement and a one-year deadline to file suit under A.R.S. §§ 12-821.01 and 12-821. Certain circumstances, including the patient's age, may also affect the timing. We evaluate these issues based on the specific facts rather than assuming every patient has the same deadline. 

Negotiating with Insurers and Representing You in Court

We communicate with opposing parties and insurers on your behalf and negotiate based on the medical evidence and documented losses. These cases often turn on disputes over the care provided, what caused the injury, and the extent of the damage. 

When a settlement does not adequately address a supported claim, we can pursue litigation. We explain the options and decisions involved, including the implications of a proposed settlement, so you can make informed choices about how to proceed. 

Helping Families After a Death Linked to Medical Care

We investigate whether negligent medical care contributed to a loved one's death and help eligible family members pursue a wrongful death claim. We review the medical circumstances and assess whether the evidence supports legal responsibility. 

Under A.R.S. §§ 12-611 and 12-612, a surviving spouse, child, parent, guardian, or personal representative may bring a wrongful death action on behalf of eligible beneficiaries. The two-year filing period generally begins on the date of death under A.R.S. § 12-542. We identify who may bring the claim and pursue compensation for the losses recoverable under Arizona law. 

Medical Negligence Attorneys Serving Phoenix, Arizona

Our medical negligence services are part of the personal injury practice led by founding attorney Rafael Tirado. Licensed in Arizona since 2004, Attorney Tirado has more than 20 years of legal experience and represents clients in personal injury, accident, and wrongful death matters. 

He earned his law degree from Universidad de Monterrey. Fluent in English and Spanish, he brings a bilingual approach to serving clients. We emphasize clear communication and individual attention when discussing injury claims and legal options. 

Learn more about our Phoenix medical negligence attorneys or contact us to discuss the care you received and schedule a free consultation about your potential medical negligence claim.