Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.

Select the type of Lawyer you need
I think there were some delivery negligence and errors that caused our newborn injuries. How do we prove it and file a lawsuit?
My brother is thinking about suing the doctor who delivered his daughter. She appears to have suffered some long-term injuries which probably occurred during her birth. What exactly is a lawyer going to have to prove in order to win a medical malpractice lawsuit in Arizona? What kind of damages can my brother and his family collect?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

Answers (1)
According to the Arizona statutes, the definition of a "medical malpractice action" is an action for injury against a licensed healthcare provider based on the provider's alleged negligence, misconduct, errors or omissions. Your brother (through his lawyer) has the burden of proving that:
In other words, it is more likely than not that the birth injury occurred because of the doctor's acts or omissions during the birth of the baby.
There are no caps on damages in Arizona. Damages include compensation for pain and suffering, permanent physical disability, and emotional distress (parents are entitled to this damage as well). Furthermore, Arizona courts award the payment of interest to the prevailing party from the date the judgment is entered until the date the judgment is paid.
References:
Posted by Cynthia Padilla on 29 Jan 2010
1 person found this useful
(1 Votes)