Can a patient sue for medical malpractice in Arizona?

Answer:

An individual can sue in Arizona for medical malpractice if the malpractice occurred in the state. The plaintiff does not necessarily need to be an Arizona resident. The lawsuit is typically filed in the county where the plaintiff lives or where the malpractice occurred.

Statute of Limitations

Arizona statutes require all medical malpractice lawsuits to be filed within two years of the injury’s manifestation. This does not mean that the lawsuit must be filed within two years of the malpractice, but instead two years from the first instance that the plaintiff knew or should have known of their injury. A patient that discovers he has nerve damage ten years after treatment can sue for malpractice provided that he files his lawsuit within two years of the discovery.

Damage Award Maximums

Arizona law does not set a maximum limit in the amount of money an injured plaintiff can recover for their injuries. Likewise, the amount of money that can be awarded to a plaintiff to pay for their attorney’s fees in prosecuting a successful action are unlimited.

However, if the defendant proves that the plaintiff contributed or exacerbated their injury, the amount of award may be reduced by the plaintiff’s percentage of fault. For example, if a plaintiff is awarded $100,000, but is also found to be 20% responsible for his injuries, his award would be reduced by $20.000.

Obtaining Legal Advice

If you believe you have been a victim of medical malpractice in Arizona, seek advice from a licensed attorney. An attorney will review the facts of your case and advise you on how to proceed.

References:

Injured Patients Rights in Arizona

Get Informed - Medical Malpractice Laws & Information

Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.

Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.

Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.

Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.

Birth-Related Medical Malpractice - Childbirth injuries are among the most common reasons a medical malpractice case will arise.

State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.