Medical Battery Attorney in Phoenix
Unauthorized Treatment & Medical Negligence Lawsuits in Arizona
Medical professionals are legally obligated to treat patients in accordance with accepted standards of their profession. A medical provider’s duty of care also requires that they obtain the informed consent of patients to ensure they understand their condition, treatment options, risks associated with treatment, and prognosis.
If a health care provider fails to obtain informed consent for non-emergency treatment and causes injury to a patient, they may be held accountable for medical negligence. Though claims of unauthorized treatment are a type of medical malpractice lawsuit, they may also be considered medical battery, or the unauthorized touching of a plaintiff’s person.
If you or someone you love were harmed due to an unauthorized treatment performed by a medical professional, you may be entitled to compensation. MayesTelles is comprised of award winning trial lawyers who can help explore your rights for filing a negligence claim over medical battery.
What Is Informed Consent?
Patients who seek care from physicians, surgeons, and other medical professionals have the right to receive appropriate medical information about their procedure.
As such, medical providers have a duty to reasonably disclose information about a patient’s:
- Medical condition
- Options and recommendations for treatment
- Potential risks associated with treatment
- Alternative treatments and risks
- Prognosis and consequences of taking no action
This information must be provided to patients in a manner they can easily understand, and must be clear and comprehensive enough for a patient to make an informed decision about their care. Minors, as well as adults with impairments that affect their competency, are unable to give their consent – though a parent or guardian may give consent on their behalf.
Many providers require patients to sign consent forms so their informed consent is recorded in writing.
Unauthorized Treatment & Medical Battery
Doctors who fail to obtain informed consent – i.e. fail to adequately explain a procedure and risks – can cause patients to suffer outcomes they did not expect, anticipate, or desire. In some cases, a lack of informed consent can result serious injuries, permanent disabilities, and life-altering repercussions.
Examples of unauthorized treatment that may give rise to medical battery claims include:
- Wrong-site surgery / operations on the wrong body part
- Amputations resulting from infection or complications during surgery
- Disability or loss of senses / bodily function resulting from treatment
- Adverse health effects caused by medications
- Disfigurement caused by a procedure or treatment
In Arizona, providers do not need to have acted intentionally in order to be held liable for medical battery. Courts have recognized that medical battery exists when a medical provider performs a procedure:
- Without a patient’s consent;
- Without properly disclosing information needed to obtain informed consent; or
- With willful disregard of a patient’s limited or conditional consent.
This means patients harmed by doctors who did not obtain informed consent for a non-emergency procedure may have the right to seek a financial recovery of their damages by pursuing claims over medical negligence – including gross negligence or medical battery resulting from unauthorized treatment.
To prove medical battery, patients must generally establish:
- The procedure or treatment was performed without informed consent; and
- Had the patient been adequately informed about the procedure or associated risks, they would not have chosen to undergo treatment, and would have avoided the injury.
Request a FREE Review of Your Case
Medical battery and unauthorized treatment are highly complex and fact-specific claims that require extensive investigation. At MayesTelles, our legal team draws from decades of collective experience to help clients review their potential cases, explore their rights and options, and gather the evidence to support their claims. Our firm also has the necessary resources to take on powerful medical groups, hospitals, and insurance companies that fight aggressively to dispute, deny, and underpay victims.
To request a free and confidential review of your case, call or contact us online.
We've Won Thousands of Cases
-
Charges Reduced to Reckless Driving
Client R.C. was stopped by Mesa Police for a civil traffic violation and later charged with DUI, Extreme DUI, and Super Extreme DUI in a justice court. During the course of their representation, MayesTelles attorneys discovered important inconsistencies in the police reports. When we presented these issues to the State, the prosecutor’s office agreed to drop all DUI charges.
-
Fatal Commercial Vehicle Accident
MayesTelles Client A.F. and her husband tragically lost their unborn child as a result of the negligence of an individual operating a commercial vehicle in Yuma, Arizona. After substantial investigation including accident reconstruction and filing a lawsuit, the insurance company paid out the policy limits of $1,000,000.00.
-
4 Counts of Aggravated DUI Dismissed
Client M.W. was charged with 4 counts of Aggravated DUI in the Maricopa County Superior Court in July 2016 for allegedly riding a motorized bicycle under the influence. The attorneys at MayesTelles demanded that the State include certain materials in their presentation to the grand jury, resulting in the grand jury refusing to indict and the case being dismissed.
-
Client Charged with DUI
Client, GS, charged with DUI - sentence was reduced to reckless driving.
-
Client Facing Assault Felony
M.L. was charged with 1 count of Aggravated Assault, a class 3 dangerous felony. She plead guilty to Aggravated Assault, a class 6 undesignated felony, with a stipulation to 3 months of initial jail. She received credit for 32 days and the rest of the jail time was deferred. She was placed on 3 years of supervised probation. She has the opportunity to designate the offense a misdemeanor after successfully completing probation. Location: Maricopa County Superior Court
-
Client Charged with DUI
Our client, A.R, was charged with 1 count of DUI and 1 count of Failure to Control Speed to Avoid a Collision. During extensive pre-trial investigation, it was discovered that the police made many errors in how they handled the case. We were able to get the client's charges reduced to reckless driving. Location: Glendale City Court
-
Client Charged with Four Felony Counts
Our client, Ms. D., was charged with two counts of forgery - a class 4 Felony as well as theft - a class 2 Felony and also fraudulent schemes and artifices - a class 2 Felony. We were able to get her conviction reduced to a class 6 undesignated felony with the opportunity to reduce further to a misdemeanor. Location: Maricopa County Superior Court
-
Client Charged with Trespass & Assault
Our client, T.C., was charged in Maricopa County Superior Court on July 8, 2015 with 1 count of Criminal Trespass, a class 6 felony, and 1 count Assault, a class 2 Misdemeanor. On September 9, 2015, after an 8-day jury trial, our client was found not guilty on both charges. Location: Maricopa County Superior Court
-
Client Charged with Shoplifting
Our client, Ms. H., was charged with shoplifting - a class 1 misdemeanor. We were able to get her conviction set aside. Location: Phoenix Municipal Court
-
Client Faced 5 Felony Sex Offenses
Our client, Mr. C., was charged with five counts of felony sex offenses, including two counts of Sex Conduct with a Minor and three counts of Molestation of a Child. We were able to get the case dismissed upon a successful Motion to Dismiss. Location: Maricopa County Superior Court
-
Client Charged with Disorderly Conduct
Our client, K.F., was charged with Disorderly Conduct, a class 1 misdemeanor. We were able to get this client's case dismissed. Location: Tempe Municipal Court
-
Client Facing Multiple Criminal Charges
Our client, L.S., was charged on October 20, 2014 in Mesa for an assault, disorderly conduct, and criminal damage. MayesTelles PLLC was able to get those charges dismissed.
-
Client Facing Multiple Domestic Violence Offenses
Our client, Ms. C., was facing charges of assault / domestic violence (class 1 misdemeanor), disorderly conduct / domestic violence (class 1 misdemeanor), and criminal damage / domestic violence (class 1 misdemeanor). We were able to get our client's case dismissed. Location: Mesa Municipal Court
-
Charged with Assault & Failure to Appear
Our client, L.S., was charged in Phoenix on December 27, 2014 for assault and failure to appear. After completing diversion, our client's case was dismissed.
-
Multiple Felony Theft Offenses
Our client, Mr. C., was charged with Theft of Means of Transportation (Class 3 Felony) and Trafficking in Stolen Property (Class 3 Felony). Both class 3 felonies have a possible sentencing range of 2 - 8.75 years in prison. We were able to get our client's charge reduced to a Class 1 Misdemeanor with no jail time. Location: Maricopa County Superior Court
Why Choose MayesTelles PLLC?
-
Nearly 200 Years of Combined Experience
-
Thousands of Cases Successfully Handled
-
Voted Top 100 Trial Lawyers
-
Available to Our Clients 24/7
-
Former Prosecutors & Law Enforcement
-
AV Preeminent Rated Attorneys