If a patient is harmed by a medical professional due to medical negligence, medical malpractice is said to have occurred. In the event of medical malpractice, a patient has a legal right to file a claim against the liable parties. The process and requirement for filing claims for medical negligence differ between states, and in turn, Arizona has several state-specific requirements and conditions applicable to filing claims of medical negligence. For patients, it is important to note that certain general elements guide the medical malpractice process and are part of any viable medical malpractice claim, which include the following:
- Establish a doctor-patient relationship existed
- Prove doctor negligence occurred
- Prove that a given doctor’s negligence was the proximate cause of damages
- Prove the damages and other losses sustained
In practice, a patient will likely require the assistance and representation of a medical malpractice lawyer in order to recover damages as the result of medical malpractice claims.
Specific Requirements in Arizona for Filing Medical Negligence Claims
The process and requirements for filing claims of medical negligence occurring in the state of Arizona do vary in many notable instances from those occurring in other states. The following list outlines the most notable of these differences; however, it is advisable to consult with a lawyer to learn how specific factors relevant to an individual claim may influence a patient’s ability to recover damages through a claim.
- The statute of limitations period, or the timeframe where a patient must file a malpractice claim for medical negligence, requires malpractice action starting no later than two (2) years after the cause of action begins accruing, per Arizona Revised Statutes. Date of accrual does account, per legal precedents in Arizona courts, for reasonable date of discovery or manifestation of harm. Additionally, the statute of limitations period is tolled in Arizona for minors, incarcerated individuals, and mentally incompetent persons.
- Expert testimony is not required to file a claim, but is often required to prove breach of standard of care, save for instances of gross negligence easily identified by medical non-professionals.
- Currently, the state of Arizona does not place on statutory caps on damage recovery for special, general, or punitive damages. Furthermore, the are no statutory caps placed on attorney’s fees for medical malpractice claims.
- Certain entities are afforded immunity under Arizona law, mostly government organizations, however, non-profit healthcare entities are afforded immunity from pure negligence claims, except instances involving gross negligence.
Getting Legal Help with Filing a Claim for Medical Negligence in Arizona
In reality, any successful claim for medical negligence damages will involve a patient using the insight and counsel of a medical malpractice lawyer. Consult with a lawyer as soon as damages or the existence of negligent treatment is recognized to preserve all your legal rights to file claims.
