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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26126
Experience:  Litigation Attorney
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I have a medical mal-practice issue where a docter did not

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I have a medical mal-practice issue where a docter did not perform up to service/care standards which directly resulted in additional medical issues. I am having a real hard time finding an attorney in Phoenix that will take my case because it is not "major medical" [death, paralization, etc.]. I have already filed a complaint with the state medical board. What is the best way for me to seek financial compensation from the at fault doctor without an attorney's assistance? Thanks!
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for using JA! I'll be glad to assist you.

As you may know, the statute of limitations to sue for medical malpractice is 2 years, so be sure that you don't let the time pass before filing suit for damages. Here's a good link that outlines Arizona medical malpractice law: http://www.mcandl.com/arizona.html

The ONLY way to seek financial compensation for damages is to file suit against the medical provider, doctor, etc. You have the right to sue on your own without an attorney, but it is a very difficult thing to prosecute a case like this because you must have a medical expert to testify that the doctor fell below the applicable standard of care - - which is going to cost a lot of money, and it may be difficult to find a medical professional without an attorney.

The reason you're having trouble with finding an attorney is that it costs SO MUCH MONEY to put on a medical malpractice suit, and if the damages don't justify the expense, then a lawyer isn't likely going to be willing to take a case on contingency (where the lawyer fronts all of the money and doesn't get paid unless a recovery is made).

So, you're going to have to sue in order to seek damages, and you can do it yourself but it would be very difficult. It may be a good idea to contact the Arizona Bar Association (www.azbar.org) and ask for help contacting an attorney in your area to assist, or at least a legal aid office that could help you process the case. You could also visit www.martindale.com and search for a malpractice attorney.

It is certainly going to be a little difficult if you don't have a large amount of damages, but the two resources above can help you try and find either an attorney or a resource to help you sue on your own.

I hope this answers your question, but if you need anything further, please do not hesitate to ask. Thanks 
Customer: replied 1 year ago.


Thanks for the info. I can't simply write a letter stating my request for financial compensation due to their malpractice and keep it out of the courts?

Expert:  Roger replied 1 year ago.
No problem - glad to help.

You can write a letter to the medical provider and demand compensation for damages, but it is VERY unlikely that you'll get a response - - much less any money.

Doctors pay a lot of money for malpractice insurance, and they're not going to offer a cent unless you sue, and if you do that, they're going to turn it over to their carrier and let them handle it.

Thus, a letter is fine, but it is not likely to produce any results for you.
Roger, Attorney
Category: Legal
Satisfied Customers: 26126
Experience: Litigation Attorney
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