Harris, Powers & Cunningham PLLC Phoenix Personal Injury Lawyers | Medical Malpractice 2026-06-22T09:48:58Z https://www.hpclawyers.com/feed/atom/ WordPress /wp-content/uploads/sites/1605263/2022/02/cropped-HPC-Site-icon-32x32.jpg On Behalf of Harris, Powers & Cunningham PLLC <![CDATA[What compensation is available after a traumatic car crash?]]> https://www.hpclawyers.com/?p=256700 2026-06-17T09:50:14Z 2026-06-22T09:48:58Z Types of compensation after a crash Compensation in a car accident claim falls into two groups: economic and non-economic damages. Economic damages repay losses you can count in dollars. This can include your medical costs, lost wages and property damage done to your car. Non-economic damages address harm that does not come with a receipt. This compensates you for factors such as the emotional distress and loss of enjoyment of life you face when an injury sidelines your daily routines and hobbies. Courts may also award punitive damages when a crash involves extreme conduct, such as impaired driving. The Arizona Constitution bars laws that cap personal injury compensation, so no preset ceiling limits what a jury can award in a serious case.

Laws on fault and insurance

The state uses an at-fault system, so the driver who caused the accident must pay for the harm that follows. That payment usually comes through liability insurance, since the state requires each driver to carry minimum coverage amounts on the road. Those minimums sit at $25,000 per injured person, $50,000 per collision and $15,000 for property damage. A severe collision can produce losses far beyond those figures, so the details of each policy matter during a claim. Fault also shapes the size of a recovery. Under the Uniform Contribution Among Tortfeasors Act, Arizona applies pure comparative negligence. A driver who is 20% to blame, for example, may still recover 80% of their damages. Adjusters weigh police reports, witness accounts and physical evidence when they assign those numbers.

Steps toward a stronger claim

A few measured actions can help preserve evidence and record your losses:
  • Seek medical care promptly, even when injuries seem minor at first
  • Report the crash to law enforcement and request a copy of the report
  • Photograph vehicle damage, the scene and any visible injuries
  • Gather contact and insurance details from other drivers and witnesses
Thorough records give an adjuster or a court a clear picture of what the injury cost you. Gaps in treatment or missing paperwork, on the other hand, can leave room for doubt about how badly you were hurt.

Options for the road ahead

Most claims start with a demand to the at-fault driver's insurer and settle through talks. When that driver carries little or no coverage, your own uninsured or underinsured motorist policy may offer another source of payment. When those talks stall, a lawsuit keeps the claim alive. Arizona allows two years from the date of the accident to file in most cases. Claims against a city, county or state agency follow much shorter notice deadlines. If you are weighing your next move, a consultation with Harris, Powers & Cunningham PLLC can clarify what your claim may be worth. Counsel can also speak with the insurance company on your behalf while you focus on healing.]]> On Behalf of Harris, Powers & Cunningham PLLC <![CDATA[4 types of cerebral palsy and your legal options]]> https://www.hpclawyers.com/?p=256697 2026-06-10T02:07:50Z 2026-06-10T02:00:31Z Every parent looks forward to their baby's first year milestones. You wait for the first time they roll over, sit up and take those exciting first steps. When those moments do not happen on time, it is only natural to start looking for answers. If your child has recently been diagnosed with cerebral palsy (CP), or if you suspect a birth injury may be the cause, understanding the particular form of the condition is an important starting point for getting your child the right care and seeking legal accountability in Arizona.

Classifications of cerebral palsy

The condition takes four main forms depending on the location of the brain injury:
  1. Spastic cerebral palsy: This is the most common type, affecting about 80% of cases. It causes tight, stiff muscles and jerky movements due to damage to the motor cortex (the part of the brain that controls movement).
  2. Dyskinetic cerebral palsy: Children with this type cannot control their movements. Their muscles can change quickly from floppy to very stiff. This usually comes from damage to the basal ganglia (deep inside the brain)..
  3. Ataxic cerebral palsy: This type impacts balance and depth perception. Because of damage to the cerebellum (the back of the brain), children struggle to coordinate their movements. Everyday tasks like holding a pencil, buttoning a shirt or walking steadily can be very hard.
  4. Mixed cerebral palsy: Some children show signs of more than one type. The most common mix is spastic stiffness paired with uncontrollable dyskinetic movements. This means the birth injury affected multiple areas of the brain.
Knowing your child's exact diagnosis is key if you are pursuing compensation. Every type of CP comes with a lifetime of care needs, specialized therapies, home modifications and significant medical expenses.

Connecting the injury to medical malpractice

Arizona medical malpractice laws require a high threshold of evidence from those seeking compensation against healthcare providers. To build a valid case, you must conclusively prove that a healthcare provider’s preventable mistake directly caused your child’s brain injury. Under the same-specialty rule, an expert witness must share the exact same board specialty as the defendant doctor to testify about the standard of care. This means a pediatric neurologist or obstetrician must review the labor and delivery records. They must officially state that the delivery room staff deviated from acceptable medical standards.

Prompt action is critical when seeking accountability

Because cerebral palsy symptoms develop gradually as a child misses developmental milestones, identifying a birth injury takes time. However, the legal clock is strict. In Arizona, parents generally have a two-year statute of limitations to file a medical malpractice claim. The two-year countdown does not automatically start on the day of the birth. Instead, it begins when a reasonable person discovers (or should have discovered) both the injury itself and the fact that medical negligence may have caused it. Interpreting "reasonable discovery" is legally complex. Gathering extensive medical records and securing expert physician reviews takes months. To protect your child's rights, it is vital to monitor this timeline and consult a legal professional as early as possible.

Take action today to protect your child’s future

A discussion with an experienced birth injury lawyer can help you determine if medical negligence caused your child's cerebral palsy. The legal team at Harris, Powers & Cunningham PLLC reviews medical records to find where delivery room care failed your family. You can call [nap_phone id="LOCAL-CT-NUMBER-1"] or send us an email to request a free consultation about your cerebral palsy malpractice claim.]]> On Behalf of Harris, Powers & Cunningham PLLC <![CDATA[When birth interventions cause a maternal pelvic floor injury]]> https://www.hpclawyers.com/?p=256686 2026-04-21T19:56:22Z 2026-04-27T15:10:41Z What causes pelvic floor trauma? The pelvic floor contains both muscles and connective tissues under the pelvis. They influence urinary and fecal continence, as well as the retention of internal organs. Women giving birth could experience a mechanical injury caused by the tearing or forced movement of the muscle and connective tissue. Forceps are often to blame for mechanical injuries. They can also cause nerve injuries. Using forceps to facilitate a delivery can be helpful, but they can also cause injuries to both the mother and the unborn child. Pelvic floor trauma can lead to issues with urinary and fecal incontinence. They can cause pain during sexual intimacy and may put a woman at risk of prolapse, which can cause major medical complications.

Was malpractice to blame?

Those who sustain injuries due to the medical care that they receive can sometimes hold physicians accountable. They can pursue a malpractice lawsuit if they prove either that the care they provided did not meet current best practices or that they were negligent. The improper use of forceps is a common issue, and physicians should take care to ensure they do not injure either the mother or child when assisting a vaginal birth. If another physician could have performed the same intervention without harming the mother, then she may be able to pursue a malpractice claim. Claims of negligence leading to pelvic floor injury could also provide grounds for malpractice lawsuits. If a physician failed to identify factors that increased a woman's risk, such as a higher body mass index (BMI), advanced age or an unusually long second stage of labor, the doctor may not have offered proper interventions, such as a C-section, to avoid pelvic floor damage. Reviewing the records of what happened during labor and delivery, and even during prenatal care, with a skilled legal team can potentially help women with pelvic floor injuries hold doctors accountable for failing to intervene or doing so in an unsafe manner that resulted in injuries.

Take action

 A discussion with an experienced malpractice attorney can help women with pelvic floor injuries or other birth injuries determine if they have the right to take legal action. At [nap_names id="FIRM-NAME-1"], we provide a free initial consultation and work on a contingency fee basis. You can call [nap_phone id="LOCAL-CT-NUMBER-1"] or send us an email to request your free consultation about your pelvic floor injury claim.
]]> On Behalf of Harris, Powers & Cunningham PLLC <![CDATA[3 common but serious orthopedic surgical errors]]> https://www.hpclawyers.com/?p=256688 2026-04-17T18:04:47Z 2026-04-24T12:58:13Z roughly twice as likely as other surgeons to face medical malpractice claims. All three of the orthopedic surgical errors outlined below are relatively common and could constitute actionable malpractice.

1. Wrong-site errors

It is quite common for people with severe joint pain and similar orthopedic issues to have damage on both sides of their bodies. While they may only have a surgery scheduled for one hip or knee, there may be visible damage in the joint on the other side as well. Surgeons may not realize until well after completing a procedure that they operated on the wrong side of a patient's body. Doing so can create many medical complications, including a much longer timeline and the need to undergo a second procedure to address the original medical issue on the other side of the body.

2. Improper surgical technique

Orthopedic surgeons must be absolutely precise, as errors could lead to nerve damage, excessive blood loss and misalignment of the implant installed. Factors including fatigue, anatomical misidentification, tool-related errors and issues with ensuring the visibility of the surgical field can lead to preventable issues related to a surgeon's techniques. Their mistakes can undermine the effectiveness of the orthopedic procedure or cause immediate complications.

3. Failing to monitor patients after surgery

Careful post-operative monitoring is generally necessary to ensure the optimal recovery of orthopedic patients, especially in cases involving older adults who may have compromised immune function. Insufficient monitoring after an operation could lead to medical complications related to blood clots. Patients could also potentially develop compartment syndrome, which can have devastating and even fatal medical consequences if not promptly treated. The surgeon and their support staff members might overlook warning signs of infection at the site of the incision or indications of a failed or failing implant. In many cases, medical professionals may dismiss a patient’s self-reported concerns and complaints, only to later realize that the patient had legitimate reasons for concern.

Do You Have An Orthopedic Malpractice Claim?

Preventable mistakes during or after surgery may constitute medical malpractice and may justify a lawsuit brought to recover additional care costs and other losses caused by the surgical error. Injured orthopedic patients can call [nap_phone id="LOCAL-CT-NUMBER-1"] or click here to schedule a free initial consultation.]]> On Behalf of Harris, Powers & Cunningham PLLC <![CDATA[Maternal birth injuries and postpartum harm in Arizona care]]> https://www.hpclawyers.com/?p=256687 2026-05-27T16:56:34Z 2026-04-21T18:59:15Z When you go through childbirth, your body can face significant physical stress that may lead to emotional or physical setbacks. These effects often range from short term discomfort to longer recovery needs that can affect your daily routine. In many situations, you may not notice the full extent of these changes right away, especially as your attention shifts to caring for a newborn. These conditions may develop from the natural strain of labor, certain medical steps taken during delivery or unexpected complications. As a result, your recovery period may take longer than you expect and may involve ongoing medical care. [ez-toc]

Factors that can influence your delivery

Several circumstances may increase the chance of complications during childbirth. While every birth experience is different, it can help to understand common factors such as:
  • Labor duration, especially when it becomes long or physically demanding and places extra strain on your body
  • Assisted delivery methods, where medical tools may be used to help guide the birth process
  • Newborn size, since a larger baby can sometimes make delivery more difficult
  • Health history, including pre existing conditions that may affect healing or strength
Although these factors do not necessarily mean harm will occur, they may affect how your body handles both delivery and recovery.

Signs you may experience after birth

After delivery, you may notice physical or emotional changes that affect your comfort and daily routine. Some symptoms may improve fairly quickly, while others may take more time to ease. You might experience ongoing pain, changes in mobility or difficulty returning to normal activities. In addition, emotional changes can also happen, especially if recovery feels slower than expected. Since every situation is different, your experience may not follow the same path or timeline as others.

Legal timelines and Arizona regulations

In Arizona, certain time limits may apply if you have concerns about care received during childbirth. Under Arizona law, many personal injury related claims generally follow a two year filing period. However, the exact timing often depends on when you discover the injury or when you reasonably should discover it. In some situations, different rules may apply when a claim involves a newborn. Because these rules can vary based on the facts of each case, the filing period may not look the same for every situation.

Your path toward recovery and support

Recovery after childbirth related challenges often takes time and attention to your changing health needs. Staying aware of possible causes and understanding Arizona’s general legal timelines may help you better recognize options that could be available in your birth injury situation while you focus on your recovery.
[author] [author_image timthumb='on']/wp-content/uploads/sites/1605263/2025/03/HPC-image.jpg[/author_image] [author_info]Our birth malpractice attorneys help clients in the Phoenix metro seek compensation for their serious injuries. We have decades of combined experience with a proven history of results. Reach out to us online, by chat or call [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation.[/author_info] [/author]]]> On Behalf of Harris, Powers & Cunningham PLLC <![CDATA[Injured by a driverless vehicle?]]> https://www.hpclawyers.com/?p=256675 2026-02-25T16:26:13Z 2026-02-25T14:25:27Z Who is responsible after a driverless vehicle crash As a pedestrian, you share the road with vehicles that must follow traffic laws and operate with care. When a driverless vehicle injures you, responsibility may not fall on just one person. Depending on the situation, responsibility may involve:
  • The company that operates the driverless vehicle
  • The manufacturer that built the vehicle
  • The company that designed the driving software
  • A remote safety operator who monitored the vehicle
  • A company responsible for vehicle maintenance
After a pedestrian crash, investigators may look at how the vehicle’s sensors detected people in the roadway. They may review whether the software reacted properly at a crosswalk or traffic light. They may also examine whether the company followed its own safety rules before putting the vehicle on public streets. Driverless vehicles record trip data during each ride. This data can show speed, braking and system warnings. That information may help explain how the crash occurred.

Why these cases can feel so complex

If a driverless car injured you, the legal issues may seem hard to navigate at first. You are not dealing with a single driver and one auto insurance policy. Driverless vehicle programs often involve multiple companies and large insurance policies. These cases may raise questions under both negligence law and product liability law. A court may look at whether the vehicle worked as it should and whether the company acted with reasonable care when using it on public roads. In Arizona, where driverless vehicles operate regularly, these overlapping issues can make pedestrian cases more complex than a typical car accident claim.

Understanding responsibility after a pedestrian crash

A driverless vehicle does not remove responsibility when a crash causes serious harm. If you were struck as a pedestrian, the lack of a human driver does not mean no one is accountable. Even though the technology may seem new or unfamiliar, the law still examines who placed that vehicle on the road and who stood behind its operation. Identifying those parties helps clarify who may be legally accountable for your injuries. Technology may change how vehicles operate, but it does not erase responsibility when someone gets hurt.

Seeking legal help after being injured by a driverless vehicle

Facing these costs can feel overwhelming. Many parents talk to an attorney who specializes in Arizona personal injury and wrongful death law. A consultation can help you understand your rights, potential for a lawsuit and then taking the steps for filing a claim. At [nap_names id="FIRM-NAME-1"], we provide a free initial consultation. We also operate on a contingency fee basis. This means you owe us no fees if you are not awarded compensation from your claim. You can call [nap_phone id="LOCAL-CT-NUMBER-1"] or send us an email to request your free consultation about your birth injury claim.]]> On Behalf of Harris, Powers & Cunningham PLLC <![CDATA[Medical Malpractice Timelines: What to Actually Expect ]]> https://www.hpclawyers.com/?p=256669 2026-02-13T14:00:02Z 2026-02-13T11:15:09Z Victims of medical errors in Arizona often face a long road toward justice. Most Arizona malpractice suits span two to four years before reaching a final resolution. Understanding the specific hurdles of the state legal system helps you prepare for the months ahead. [ez-toc]

Filing the Expert Affidavit 

Arizona law requires a unique step called the Preliminary Expert Opinion Affidavit. A licensed healthcare professional should certify that your claim holds merit. Usually, they must practice in the same specialty as the defendant’s doctor, which adds significant time to the initial filing process.

The Deep Dive of Discovery 

The discovery phase acts as the engine of your lawsuit. Both sides exchange thousands of pages of medical records, emails, and facility protocols. Attorneys conduct depositions where they question doctors and nurses under oath. This phase often lasts over a year as both parties look for the truth behind the medical mistake.

Vetting Specialized Witnesses 

Success in an Arizona courtroom depends on the quality of your medical professionals. These specialists must review every detail of your care to pinpoint where the doctor deviated from accepted standards. Scheduling these high-demand professionals for testimony often creates unavoidable delays in the litigation schedule.

The Mediation Hurdle 

Many judges push for mediation before allowing a case to occupy a spot on the trial calendar. A neutral third party attempts to help both sides reach a settlement agreement. While this can provide a shortcut to compensation, insurance companies frequently use these sessions to test your resolve with low offers.

The Final Trial Stage 

If negotiations fail, your case proceeds to a jury trial in the superior court. A trial involves complex arguments, live testimony, and technical evidence presentations. While the trial itself might only last two weeks, waiting for an available courtroom date in busy counties can take months.

Seeking Legal Support

Understanding strict procedural rules of Arizona malpractice law requires a sharp legal mind. A skilled attorney manages the aggressive tactics of insurance firms and ensures you meet every statutory deadline. They carry the heavy burden of the litigation process so you can dedicate your energy to physical and emotional recovery.
[author] [author_image timthumb='on']https://www.hpclawyers.com/wp-content/uploads/sites/1605263/2022/02/Frank-I-crop.jpg[/author_image] [author_info]Our certified attorney, Frank Powers, has over 30 years of experienced handling personal injury and medical malpractice claims in Arizona. Contact our legal team today for a free initial consultation.[/author_info] [/author]]]> On Behalf of Harris, Powers & Cunningham PLLC <![CDATA[Lifetime costs of birth injury care in Arizona]]> https://www.hpclawyers.com/?p=256670 2026-01-30T21:39:04Z 2026-01-30T09:30:08Z Why are lifetime care costs high? Children with severe injuries often need medical help for decades. Costs include doctor visits, surgeries and medication. Families also pay for equipment such as wheelchairs, braces and communication tools. As children grow, families must often replace these items. In Arizona, state programs can help cover some of these expenses:
  • Arizona Health Care Cost Containment System (AHCCCS): Helps with basic medical bills
  • Arizona Early Intervention Program (AzEIP): Provides therapy for children from birth to age 3
  • Public Schools: Schools provide special education and treatment under federal law.
Even with these programs, families often pay for private care out of pocket. For severe injuries, lifetime costs can reach several million dollars.

Are there legal protections for Arizona families?

Arizona law has specific rules that affect birth injury cases. Unlike many other states, the Arizona Constitution forbids any limit on the amount of money a family can receive for personal injuries. This means families can seek the full amount needed to cover multi-million dollar care plans without a state cap or limit. However, the legal process has strict steps. Under Arizona law, a family must usually provide an expert opinion affidavit from a qualified doctor early in the case. This document proves that the medical care fell below professional standards.

Finding legal support

Facing these costs can feel overwhelming. Many parents talk to an attorney who specializes in Arizona injury law. A legal consultation can help you understand your rights and the mandatory steps for filing a claim. While legal action isn’t right for everyone, having clear information helps parents make the best decisions for their child’s future. At Harris Powers & Cunningham, we provide a free initial consultation and work on a contingency fee basis. This means you owe us nothing if you are not awarded compensation from your claim. You can call 602-271-9344 or send us an email to request your free consultation about your birth injury claim.]]> On Behalf of Harris, Powers & Cunningham PLLC <![CDATA[Medical errors rank as third leading cause of death in the U.S.]]> https://www.hpclawyers.com/?p=256658 2026-05-27T16:53:07Z 2025-12-22T12:48:54Z When you enter a medical facility, you expect accuracy, attention and trust. Yet mistakes during care can turn serious very quickly. These errors happen more often than many people realize and can affect anyone—regardless of health, age or background. Researchers have begun shining a light on the scope of this problem, raising concern about how medical errors are tracked and how the healthcare system measures safety. Greater awareness could help protect patients and improve accountability throughout hospitals and clinics nationwide. [ez-toc]

Why the numbers may not tell the full story

A landmark study from Johns Hopkins Medicine highlights just how serious the issue may be. The research suggests that medical errors now rank as the third leading cause of death in the United States. The study estimates that more than 250,000 Americans die each year because of mistakes that occur during medical care. This finding exposes gaps in national data systems and points to a need for better tracking of patient safety outcomes. The Centers for Disease Control and Prevention currently record the underlying medical condition that led to treatment, not the errors that may have caused or worsened it. As a result, many preventable deaths often go unrecognized or misclassified.

Risks hidden in everyday treatment

Errors in healthcare settings can appear in several forms. It may include prescription mix-ups, miscommunication among staff, diagnostic delays or problems during routine procedures. Each situation carries the potential for serious consequences, affecting patients and families in lasting ways. These events may not always attract attention, yet their impact is real and far-reaching.

Steps to strengthen your safety

Taking an active role in your treatment gives you a stronger voice and increases your awareness of what is happening throughout the process. The following actions can help you stay alert, organized and proactive when receiving care:
  • Learn about your treatment: Understand the medications, procedures and expected outcomes before agreeing to them.
  • Maintain accurate records: Track allergies, prescriptions and any recent medical changes to keep information consistent across providers.
  • Ask clear questions: Speak up when information seems unclear or instructions feel incomplete.
  • Check details carefully: Confirm the name, dosage and timing of each medication you receive or take home.
  • Bring trusted support: Have a family member or trusted friend present during major appointments or hospital stays to help monitor care.
Each small action builds another layer of protection, allowing you to spot irregularities early and communicate more effectively with healthcare teams.

Staying alert can save lives

Medical errors occur more often than most people realize, and the statistics reveal a growing concern. Awareness does not replace accountability, yet it stands as one of the most powerful ways to protect yourself and those around you. [author] [author_image timthumb='on']/wp-content/uploads/sites/1605263/2025/03/HPC-image.jpg[/author_image] [author_info]Our medical malpractice attorneys help clients in the Phoenix metro seek compensation for their serious injuries. We have decades of combined experience with a proven history of results. Reach out to us online, by chat or call [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation.[/author_info] [/author]]]> On Behalf of Harris, Powers & Cunningham PLLC <![CDATA[Ranking top 5 types of vehicles with most crashes: Things you may want to consider when choosing a vehicle]]> https://www.hpclawyers.com/?p=256617 2025-09-25T00:51:34Z 2025-08-18T23:16:47Z crash statistics more than others. This blog post will rank the top five types of vehicles with the most crashes and tell you the critical factors you should consider when making your next car purchase to help you navigate the roads with greater peace of mind. The types of vehicles that tend to get in the most crashes typically fall into the following five categories, based on crash statistics and insurance data: [ez-toc]

1. Passenger Cars (especially small cars)

small car parked in Arizona Why?
  • They're the most common vehicles on the road, so statistically they’re involved in more crashes.
  • Smaller cars tend to offer less protection in crashes and can be less visible to larger vehicles.
Examples: Honda Civic, Toyota Corolla, Ford Focus

2. Motorcycles

motorcycles in Arizona Why?
  • Less visibility to other drivers
  • Lack of protective structure
  • More prone to serious injury or fatal crashes
Crash Severity: Extremely high fatality rate per mile compared to cars.

3. SUVs (especially smaller or sportier models)

SUV in Arizona Why?
  • Higher center of gravity increases rollover risk
  • Some drivers may overestimate SUV capabilities (e.g., off-road handling)
However: Newer SUVs have significantly improved in safety and crash avoidance.

4. Pickup Trucks

truck in Arizona Why?
  • Often used in rural areas with higher-speed crashes
  • May have lower safety features compared to passenger cars (especially older models)
  • Sometimes driven more aggressively
Notes: Trucks are more likely to be involved in fatal crashes than regular cars, especially when factoring in single-vehicle accidents.

5. Commercial Trucks (in terms of crash impact, not frequency)

semi-truck in Arizona Why?
  • They're less likely to be at fault, but when involved, the crashes are often severe due to size and weight.

Vehicles Often Involved in High Crash Rates (by model)

AI image of Dodge Charger According to insurance data and IIHS crash statistics, some models with higher-than-average crash claim rates include:
  • Subaru WRX – Associated with faster driving
  • Dodge Charger – Often linked with aggressive driving
  • Chevrolet Camaro – Sports cars in general tend to be in more high-speed accidents

Injured In An Accident? Get Legal Help

If you or someone you know has been injured in a motor vehicle crash, our experienced attorneys can help.  A free consultation is available by phone [nap_phone id="LOCAL-CT-NUMBER-1"], email or visit our car accident section.]]>