Although hospitals and their advocates made the contention that ASPA applies only to facilities that “provide care,” as opposed to facilities such as hospitals that “provide treatment”—which they argued were two different things—this new ruling supports Chief Justice Rebecca White Berch’s reasoning that there is nothing ambiguous about the phrase “to provide care.”
“Nothing in APSA indicates legislative intent to protect vulnerable adults from abuse, neglect or exploitation only when they are housed in particular facilities,” continues Berch. “For example, someone is as subject to bedsores from not being turned regularly whether in a hospital or a nursing home.”
This ruling comes as a big win for any individuals and/or families in Arizona who have ever experienced the lasting, painful consequences of medical malpractice in a hospital setting—occurring when a patient is injured by the failure of a doctor, nurse, pharmacist, or other health care practitioner to provide reasonably prudent medical care. It also occurs when the same medical professionals fail to advise the patient of the foreseeable risks and/or alternative methods of treatment pertinent to a patients care.
Two such cases that sparked this particular act by the legislature, involved surviving family members of two separate individuals who are claimed to have received care in hospitals that violate APSA—claims that were originally thrown out by trial judges who said that hospitals are exempt. With this new ruling, however, families such as these will now have a chance to make their cases before a trial court, and the potential of hospitals being exempt from having to file reports of abuse and neglect are highly diminished.
Although this is a step in the right direction, the fact remains that medical malpractice cases are a very specific area of the law, which require the attention of a dedicated and knowledgeable personal injury lawyer. Phoenix, AZ is home to a number of attorneys, but Simon Law Group has over 30 years of experience handling jury trials involving medical malpractice. At The Simon Law Group, we believe that the key to a successful medical malpractice case is thorough evaluation before a case is ever filed. It is necessary to determine if:
- An improper diagnosis was made,
- Errors during surgery were committed,
- Medical devices were improperly used,
- Improper birth delivery occurred resulting in birth level damages,
- Pharmacist mistakes were made resulting in improper dosages or wrong medications being issued,
- Or a host of other possible negligent acts were made by medical professionals.
All of our lives depend, in one way or another, on the competence of medical professionals, and they must be held accountable for their mistakes in order to improve medical care for future generations.
To find out more about the important factors that must be taken into account when ascertaining the level of settlement – specifically the amount of medical bills, the pain and suffering, life care costs and employment damages – please visit our Phoenix Medical Malpractice Attorney page, or contact our firm to set up a free consultation with a Simon Law Group personal injury attorney in Phoenix by calling 480-745-2450.