Medical mistakes, including misdiagnoses, surgical errors or incorrect medications, can cost patients their health, not to mention their lives. According to the Institute of Medicine, as many as 98,000 Americans die every year due to preventable medical errors. Medical malpractice lawsuits, a form of personal injury lawsuits, are designed to protect victims of errors made by doctors, hospitals, clinics, pharmacists and other medical figures. However, a recent Arizona court ruling may make it more challenging for medical malpractice and wrongful death plaintiffs to prove wrongdoing on the part of the state’s medical community.

The medical malpractice lawsuit in question was on the behalf of Judy Benkendorf, an Arizona woman who developed blood clots in her lung following a 2003 surgical procedure to remove her cancerous left kidney. She was prescribed medication by doctors to help reduce blood clots, but she died two years later as a result of a massive brain hemorrhage.

Allen Benkendorf, Judy’s husband, filed a medical malpractice suit against the clinic who treated her, claiming that her death was the result of their negligent monitoring and adjusting of her blood clot medication. However, he was unsuccessful in blocking the testimony of Dr. Kurt Schroeder, the defense’s medical expert who testified that Judy’s death could have been attributed to a number of other factors, including her age, hypertension and possibility of stroke. The jury ruled in the clinic’s favor. Allen filed an appeal on the grounds that defendants must present alternate causes of injury that are probable, not just possible. His claim was struck down by the Arizona Court of Appeals.

Judge Michael Brown, writing on behalf of a unanimous three-judge panel, said plaintiffs in medical malpractice lawsuits must prove that their injury was, beyond a shadow of doubt, caused by an act or omission on the behalf of the defendant. Defendants in medical malpractice suits, however, only have to prove that something else could have caused the injury.

However, Brown said that this ruling does not give medical malpractice defendants license to assert that anything else could have caused the injury without providing evidence that validates that claim. Also, plaintiffs still have the opportunity to cross-examine the defense’s witnesses and present evidence that negates their testimonies.

The long-term implications of this ruling, including how much of an advantage this gives doctors and hospitals, are yet to be determined. However, it does emphasize the value of having an experienced personal injury lawyer on your side in medical malpractice cases.

The personal injury attorneys of Skousen, Gulbrandsen & Patience offer more than 50 years of experience fighting for the rights of injured patients. If you’re considering bringing a medical malpractice or wrongful death lawsuit, please contact us for a free initial consultation.

If you or a family member ever become the unfortunate victim of a violent crime, you’ll want to see the person or persons who committed the crime suffer the consequences of their actions. While the law entitles the accused to be represented by a competent criminal defense lawyer, you’ll be hoping that the prosecuting attorney will get justice on behalf of you or your loved one. But even if the perpetrator of a violent crime is sentenced to a lengthy jail term, the victim often has practical needs that are not adequately addressed by the criminal justice system.

As a violent crime victim, you might incur large medical bills for treatment of injuries inflicted by your assailant. You might be unable to work and earn income for a period of time, or perhaps even be disabled permanently by the violent actions of the perpetrator. Or you could even lose a family member – and their vital financial contribution to your household – to a homicide. Fortunately, a personal injury lawyer may be able to help you win compensation for your expenses and lost income, and even for the pain and suffering you experienced at the hands of a violent criminal. An attorney can even help you file a wrongful death lawsuit against someone who committed murder or manslaughter against one of your parents or children.

You may ask how it’s possible for the perpetrator of a crime to be punished twice for his or her actions – once by a criminal trial resulting in imprisonment, and then again by a lawsuit requiring monetary compensation to be paid. Isn’t that called “double jeopardy,” which, as we all learned in high-school civics, is unconstitutional? The answer to that question is definitely “no.” In Arizona, as in all states, there are two kinds of law: criminal law and civil law. Criminal law is intended to protect society at large by punishing people who break the law and by deterring others from doing the same. But Arizona civil law, which deals with disputes between citizens, is completely separate. The bottom line is that nothing prevents convicted criminals from being sued under civil law for the loss and suffering they’ve caused.

So separate are criminal law and civil law that even an accused person who is found not guilty of a crime can sometimes be successfully sued in civil court for the consequences of their alleged criminal actions. The most famous example of this in memory is the case of O.J. Simpson, who was acquitted of murder charges but later lost a wrongful death lawsuit brought by the families of the deceased. Although that case occurred in California, and such a sequence of events is by no means common anywhere, theoretically the same thing could occur in Arizona or any other state. The point is that the results of a criminal case have no bearing on a possible subsequent lawsuit based on the same alleged actions and events.

While the reality is that perpetrators of crimes often have little in the way of income or assets with which to pay compensation, crime victims should consult an attorney to explore the possibility of filing a lawsuit to recover damages they’ve suffered. The experienced attorneys at Skousen, Gulbrandsen & Patience, PLC, can handle your personal injury or wrongful death case, whether it arises from criminal action, non-criminal action or negligence on the part of another person. Contact us at (480) 648-0924 for a free consultation about your case.

In many lawsuits, successfully winning a settlement depends at least in part on proving some kind of negligence by the party being sued. In any Arizona personal injury lawsuit, wrongful death lawsuit or product liability lawsuit, convincing the court that negligence occurred is an important element of establishing the defendant’s liability and legal obligation to pay damages. Negligence, however, can’t be defined in a way that makes it easy to determine in every case whether or not the defendant was negligent.

In law dictionaries, the simplest definition of negligence is something along the lines of “failure to use reasonable care.” A more complete definition would be “doing something that a reasonably prudent and careful person would not have done in similar circumstances, or the failure to do what a reasonably prudent person would have done under similar circumstances.”

Obviously, such definitions immediately raise the question of “What do the words reasonable, careful and prudent mean in practice?” Outside of a legal setting, people’s honest opinions of what constitutes “reasonable” behavior in a given situation naturally vary. In an adversarial legal proceeding, a defendant will obviously always argue that his or her actions were reasonable and sufficiently careful or prudent.

Thus, even if the basic facts in a lawsuit are not in dispute – that is, both sides more or less agree on the same version of the events that led up to the lawsuit – the judge or jury will have to decide whether the defendant’s actions, or lack of action, constitute negligence. Not even a legal professional can claim to know for certain what a judge or jury will ultimately decide, but an experienced attorney can evaluate a client’s case and advise him or her on the likelihood of winning a settlement.

If you feel that you’ve been harmed by the negligent action of a person or persons, or of a business, government entity or other organization, call the Mesa personal injury lawyers at Skousen, Gulbrandsen & Patience, PLC, at 480-833-8800 or 800-501-2782. The attorneys at SGP Law offer a free initial consultation to prospective clients, and can apply their expertise to your Arizona personal injury case, wrongful death lawsuit or product liability lawsuit.

At times, driving can be a frustrating experience. Traffic, road construction and other drivers are all common sources of aggravation for drivers. And for many behind the wheel, driving frustrations can lead to aggressive driving. Aggressive driving is defined as driving with contempt, leading to speeding, tailgating (following too closely behind vehicles), weaving in and out traffic and other acts of aggression on the road. Unfortunately, engaging in these road rage-fueled driving practices puts drivers at a greater risk for auto accidents. In fact, according to a study conducted by the AAA’s Foundation for Public Safety, 56 percent of fatal auto accidents in the U.S. are caused by aggressive driving behaviors. This statistic alone is enough to know the dangers to which driving aggressively can lead.

Nearly every driver must put up with potentially annoying situations on a regular basis. Even when experiencing anger, hostility or anxiety while driving, it’s important to find appropriate ways to cope with these feelings instead of taking them out on the road. Here are a few ways you can reduce or even prevent aggressive driving:

· Avoid showing irritation. When dealing with angry drivers, it’s best to keep calm and not engage in any aggressive behaviors. Yelling, making rude gestures or even shaking your head at other drivers can make tense situations worse and even lead to altercations with other drivers.

· Observe the posted speed limit. Even if you’re running late, resist the urge to speed. Speeding can not only lead to costly traffic tickets, it puts you at a much higher risk for accidents.

· Limit distractions. Talking on your cell phone, texting, eating, etc. take your attention away from the road, making you more likely to find yourself in an accident. Instead, concentrate on the road.

· Maintain a safe distance between other cars on the road. Tailgating increases your risk of an accident. Keep at least one car length per 10 miles per hour of speed between your vehicle and the vehicle in front of you.

· Plan ahead. A common cause of aggressive driving is failing to plan enough time to travel safely from one place to another. Avoid the anxiety of rushed driving by allowing plenty of time to get to your destination, even in the case of traffic, road construction or other unexpected delays.

· Find ways to relax. Make your drive more pleasant by engaging in non-distracting activities that put you at ease, such as listening to music or an audiobook.

· Use public transportation. Whenever possible, take the pressure off yourself and let someone else do the driving. What’s more, taking the bus, train or other mode of public transportation is inexpensive and less taxing on the environment.

If you’ve been involved in an auto accident, you can rely on the expertise of Skousen, Gulbrandsen & Patience to help guide you through what can be a difficult situation. To talk with one of our Phoenix accident lawyers today, call (480) 833-8800 or toll-free 1-800-501-2782.

According to a new study, patients admitted to the hospital are more likely to die than patients admitted at other times of the year due to the influx of new, inexperienced doctors that usually takes place in that month.

According to a new study, the likeliness of surviving your hospital stay depends not only on what you have but what month you visit. The Annals of Internal Medicine recently published a review study that confirms that July is the riskiest month to be admitted to the hospital as a patient.

The review details what it calls The July Effect, which results from the transition from more experienced doctors to less experienced doctors that commonly takes place in July for most teaching hospitals. According to data collected from 39 medical studies published in the last two decades, hospital patients treated in July are 4 to 12 percent more likely to die than patients treated in the months before the changeover. Some of the studies included signify that medical errors and surgical complications are higher in July, but the data weren’t strong enough to be conclusive.

Though there’s not much patients can do short of simply not getting sick in July, many training hospitals have taken measures to diminish The July Effect, including having their strongest attending physicians on hand during the changeover or providing additional supervision for new doctors.

Keep in mind that, as a patient, you have to right to know how much experience your attending physician, nurse and medical staff has. According to the AHA Patient Bill of Rights:

“Patients have the right to know the identity of physicians, nurses, and others involved in their care, as well as when those involved are students, residents, or other trainees. The patient also has the right to know the immediate and long-term financial implications of treatment choices, insofar as they are known.”

If you or someone close to you has been severely injured or died due to a medical error, the Arizona personal injury attorneys at Skousen, Gulbrandsen and Patience can provide you with the tough representation you need. For a free initial consultation, contact us.

Wrongful death actions help families of victims due to negligent or otherwise illegal acts receive compensation.

Losing a loved one can be very difficult and heartbreaking, especially when it was due to someone else’s negligence or otherwise unlawful actions. Though nothing can replace a loved one, a wrongful death action provides legal recourse for victims’ families to recover damages in the event of a death caused by negligence. A wrongful death lawsuit asserts that the defendant was liable for the victim’s death, and as a result, the victim’s surviving spouse, children, beneficiaries and dependents are entitled to monetary compensation. There are many circumstances that may warrant a wrongful death suit, including:

• Auto accidents/motor vehicle accidents/boating accidents
• Workplace deaths
• Medical malpractice
• Construction site accidents and other accidents caused by dangerous circumstances
• Accidents caused by dangerous and defective products
• Accidents caused by government or public entities and/or employees

In Arizona, as in most U.S. states, there are strict statutes governing who can bring a wrongful death suit. Generally, surviving spouses and other family members bring wrongful death suits. However, a personal representative (the person appointed by the State of Arizona to represent the beneficiaries) may bring the action for the deceased on behalf of the survivors, or in cases where there are no surviving claimants, on behalf of the deceased’s estate. In a wrongful death case in which the decedent is a child, a parent or legal guardian may bring the action. The decedent’s debtors cannot bring a wrongful death claim to receive compensation from the decedent’s estate. Also, one family member cannot bring a wrongful death suit against another family member.

A defendant in a wrongful death action is liable to the same extent he would have been if the victim had simply been injured rather than died. Accordingly, liability is established in essentially the same way as in a personal injury case. A wrongful death claim can be brought even if the defendant is also facing criminal charges for the wrongful act. In Arizona, criminal charges do not protect defendants from any civil wrongful death actions.

In a wrongful death case, juries decide upon fair compensation for the victim’s survivors, considering any extenuating circumstances surrounding the wrongful act or neglect. This can include:

• Medical and funeral expenses
• The loss of financial support by the victim, including the victim’s potential earnings
• The loss of the victim’s benefits, including 401(k), medical insurance and pension
• Survivors’ pain, suffering and mental anguish

Damages may also include interest from the date of the victim’s death.

In Arizona, when compensation from wrongful death actions is rewarded directly to the victim’s survivors, it is not subject to the deceased’s liabilities or debt. However, when a personal representative brings about the case, damages go toward the victim’s estate and are subject to any debts and liabilities. The net amount of the estate is then distributed among the victim’s beneficiaries.

In the unfortunate event that you need to bring a wrongful death action, you will need an attorney who is experienced in Arizona wrongful death law. The Arizona wrongful death attorneys can advise you on the best course of action to help recover damages from the accountable party. To find out more, please contact us for a free initial legal consultation.

Accidents involving the Phoenix Light Rail can result in serious injuries, including broken limbs, disfigurement and paralysis.

Since it started operating in December 2009, the Phoenix Light Rail has been a boon to our city, providing additional transportation options between Mesa, ASU and downtown Phoenix. However, as much as the light rail has benefited the city, it also presents additional hazards to drivers, train passengers and pedestrians. According the Arizona Republic, the Phoenix Light Rail was involved in an accident every six days on average during its first three months of operation. Although the frequency of light rail accidents has significantly decreased as safety improvements have been made and Phoenix drivers have gotten used to it, light rail accidents in Phoenix are still a serious and frightening possibility.

Accidents involving the Phoenix Light Rail can include, but are not limited to:

• Auto accidents, including vehicles that were struck by the light rail at an intersection
• Pedestrians who were struck by an oncoming light rail
• Light rail commuters who were injured on the light rail because it was maintained properly

Light rail/train accidents can result in life-threatening injuries such as broken limbs, disfigurement and paralysis and even death. Moreover, these serious injuries can lead to thousands of dollars in medical bills and lost wages.

If you’ve been in accident involving the Phoenix Light Rail in which you were not at fault, be advised that you have a limited amount of time to make a claim to recover for any damages resulting from the accident. According to Arizona law, you only have 180 days from the date of the accident to provide official notice to the Phoenix city government. If you fail to file your claim on time or file your claim improperly, you could forfeit your right to recoup expenses stemming from the accident.

If you’re a victim of a Phoenix Light Rail accident, don’t delay in contacting a Phoenix auto accident lawyer such as one of the lawyers at Skousen, Gulbrandsen & Patience, PLC. A personal injury lawyer can advise you on the best next steps and make sure your claim is filed and investigated properly to ensure that you get your due compensation under the law. For a free legal consultation, please contact us today.