Arizona Colorectal Surgeon Malpractice Lawyer

Top Rated Legal Representation for Surgical Negligence in Arizona

Common Errors Committed by Arizona Colorectal Surgeons

Colorectal malpractice occurs when a surgeon deviates from the accepted standard of care, resulting in errors such as bowel perforation, failure to diagnose cancer, or surgical site infections. Proving malpractice requires identifying exactly where a surgeon’s actions fell below the accepted standard of care. These cases often involve technically demanding procedures like a colonoscopy or sigmoidoscopy where even small missteps can lead to life-altering complications.

Surgical Complications

One of the most serious risks is bowel perforation, an injury where a surgical instrument punctures or nicks the wall of the intestine or a nearby organ. If the surgeon does not recognize and repair the damage during the procedure, intestinal contents can leak into the abdominal cavity. That leak can trigger sepsis, a dangerous, body-wide infection that occurs when the immune system’s response to an infection begins damaging the patient’s own organs. Untreated sepsis can be fatal.

Patients also frequently face surgical site infections. While some infection risk is inherent in any procedure, negligence in sterile technique, wound care, or post-operative monitoring can turn a manageable risk into a prolonged and painful ordeal.

Procedural Errors

Surgeons may make mistakes during specific colorectal procedures, including:

• Hemorrhoidectomies where excessive tissue removal or improper technique causes chronic pain, incontinence, or anal stenosis.
• Bowel resections for diverticulitis where the surgeon removes too much or too little tissue, or fails to ensure a secure anastomosis (the reconnection of the bowel).
• Surgeries related to Crohn’s disease or inflammatory bowel disease where operating on the wrong segment of bowel or failing to account for disease progression leads to preventable complications.

Anesthesia Errors

A lesser-known but deeply traumatic form of malpractice is anesthesia awareness, a condition where a patient regains consciousness during surgery but remains physically paralyzed by the anesthetic agents. The patient may feel pain, pressure, or hear conversations but cannot move or alert anyone. According to the Pennsylvania Patient Safety Authority, anesthesia awareness can cause lasting psychological harm and may constitute medical negligence when caused by dosing errors.

An Arizona colorectal surgeon malpractice lawyer can help determine whether complications like these resulted from an unavoidable surgical risk or a preventable breach of the standard of care.

Missed Diagnosis of Colon Cancer and Polyps

One of the most consequential forms of colorectal malpractice involves the failure to identify or properly evaluate suspicious tissue. Timely diagnosis is critical because early-stage colorectal cancer is often highly treatable. During a colonoscopy, a procedure in which a flexible camera is guided through the colon to examine its lining, a physician may encounter polyps or abnormal growths. The standard of care typically requires that these findings be removed or sampled through a biopsy, a small tissue sample sent to a pathology lab for microscopic analysis.

Errors at this stage can be devastating. A polyp that is overlooked, incompletely removed, or not sent for biopsy may be a malignant tumor, and without timely intervention, the cancer can progress to metastasis, spreading to the lymph nodes or distant organs.

Age-based bias also contributes to delayed diagnoses. Younger patients who present with symptoms like rectal bleeding, unexplained weight loss, or changes in bowel habits are sometimes dismissed because colon cancer has historically been considered an “older person’s disease.” When a physician fails to order appropriate diagnostic tests based on assumptions about age rather than clinical evidence, that delay can cost the patient critical treatment time.

Proving the Standard of Care Was Breached

To win a malpractice claim, a plaintiff must prove the existence of a doctor-patient relationship, establish the medical standard of care, demonstrate how the surgeon breached that standard, and directly link that breach to the specific injury or damages suffered. Establishing negligence involves comparing a surgeon’s actions to the medical standard of care found in similar clinical settings. Each element requires supporting evidence, and the burden of proof rests with the patient.

Defining the Standard

The standard of care refers to the level of treatment a reasonably competent colorectal surgeon would have provided under similar circumstances. This is not measured by perfection. It is measured by what a qualified peer would have done given the same clinical information. Arizona Revised Statutes § 12-563 outlines the necessary elements of proof a patient must establish in a medical malpractice action.

The Role of Expert Witnesses

Arizona law requires expert testimony to establish what the standard of care was and how it was violated. A qualified expert witness, typically a practicing colorectal surgeon or relevant specialist, must review the case records and offer opinions on both the breach and its consequences. Our team works with a national network of top-tier medical experts who can speak with authority on surgical technique, post-operative protocols, and clinical decision-making.

Causation

Proving the breach alone is not enough. The patient must also demonstrate that the error directly caused the harm and meet the legal burden of proof required by the court. For example, if a surgeon perforated the bowel during a procedure and the patient now requires a permanent colostomy, the connection between the mistake and the outcome must be clearly established. This often involves detailed review of the pathology report, the tissue analysis that identifies disease type and progression, to determine if metastasis, the spread of cancer to other body parts, occurred due to delay.

Our Arizona colorectal surgeon malpractice lawyers examine every available record, from pre-operative assessments to post-surgical nursing notes, to build a clear timeline of what happened and why.

A checklist of what we evaluate in these cases includes:

• Operative and anesthesia records
• Pre- and post-surgical imaging
• Pathology and biopsy reports
• Nursing notes and vital sign trends
• Informed consent documentation; this means your doctor explained the risks and you agreed to the treatment
• Expert opinions on surgical technique and decision-making

Liability of Multiple Parties

In many colorectal malpractice cases, fault does not rest with a single provider. Legal claims often involve multiple parties who shared responsibility for patient safety. The surgeon may bear primary responsibility, but the hospital can also be liable for issues like inadequate staffing, faulty equipment, or failure to enforce safety protocols. Independent contractors, such as an anesthesiologist or pathologist who is not a hospital employee, may carry separate liability.

We investigate hospital negligence and apportioned fault to determine each party’s role and decide who should be held accountable.

Recoverable Damages in Colorectal Malpractice Lawsuits

Victims of colorectal negligence may recover compensation for economic losses like medical bills and lost wages, as well as non-economic damages for pain, suffering, and loss of quality of life. Compensation is designed to cover both the financial costs and the personal impact of a medical injury. The Arizona Constitution, Article 2, Section 31, protects the right of injured individuals to recover damages, and Arizona does not impose caps on compensatory awards in personal injury or wrongful death cases.

Economic vs. Non-Economic Damages

Economic Damages	Non-Economic Damages
Past and future medical bills (corrective surgeries, ostomy supplies, ongoing care)	Physical pain and suffering
Lost wages and reduced earning capacity	Emotional distress
Rehabilitation and home care costs	Loss of consortium (impact on relationships)
Prescription medications and medical equipment	Permanent disability or disfigurement

Economic damages cover measurable financial losses. If a patient now requires a colostomy, a surgically created opening in the abdomen for waste elimination, the long-term costs of supplies, follow-up procedures, and lifestyle modifications can be substantial. Lost wages account for both time already missed and future earning capacity that may be permanently reduced.

Non-economic damages address the personal toll of the injury. Chronic pain, the psychological impact of disfigurement, and the strain on family relationships are all recognized categories of loss under Arizona law. Families rely on this compensation to offset the profound lifestyle changes caused by malpractice. Patients coping with permanent disability or the emotional weight of a preventable injury find that financial recovery provides necessary stability.

Wrongful Death

When complications such as sepsis, an uncontrolled systemic infection, lead to a patient’s death, surviving family members may pursue a wrongful death claim. These cases can include damages for loss of financial support, funeral expenses, and the loss of companionship and guidance.

An Arizona colorectal surgeon malpractice lawyer at our firm can evaluate the full scope of your losses and work to ensure every category of damage is accounted for.

Why Choose Hastings Law Firm for Your Colorectal Injury Claim

Hastings Law Firm offers a trial-ready approach with a team that includes board-certified attorneys and medical professionals, ensuring every case is prepared to win against powerful hospital defense teams. Our firm uses its deep medical and legal experience to challenge hospitals and insurance companies. We do not handle car accidents, slip-and-falls, or other personal injury matters. Every resource in this firm is dedicated to holding negligent healthcare providers accountable.

Founded by Tommy Hastings, a board-certified trial lawyer with over 20 years of experience, our firm focuses exclusively on medical malpractice litigation. Tommy is a 2025 inductee into the American Board of Trial Advocates, which is an invitation-only organization for elite trial lawyers. His dedication to patients harmed by medical negligence drives our trial-ready approach.

Our in-house medical staff, including Board Certified Patient Advocates and experienced nurses, reviews your records alongside our attorneys. This collaboration allows us to identify clinical errors that a general practice firm might miss. Because our team includes former defense attorneys who previously represented hospitals, we understand how the other side builds its case and how to dismantle those arguments effectively.

We also understand that pursuing a claim during a health crisis adds financial stress. That is why we handle every case on a contingency fee basis. You pay no attorney fees or costs unless we secure a recovery on your behalf. Our focus on medical negligence means we have the resources to challenge well-funded opponents. We limit our caseload to ensure every client receives the rigorous representation they deserve.

Contact the Arizona Surgical Error Attorneys at Hastings Law Firm Today for Help

No patient should have to bear the cost, physically, emotionally, or financially, of a surgeon’s preventable mistake. Legal time limits, known as the statute of limitations, require patients to file their claims within a specific period. If you or a loved one suffered harm during colorectal treatment in Arizona, you deserve honest answers about what happened and whether you have a viable legal claim.

Time matters in these cases. Medical records, operative reports, and pathology samples are critical evidence, and preserving them early strengthens your position. Arizona’s statute of limitations sets a firm deadline for filing, so reaching out sooner gives your legal team the best opportunity to build a strong case.

Hastings Law Firm offers a free, confidential case evaluation at no risk to you. Contact us today to speak with a member of our medical-legal team and take the first step toward understanding your options.