Arizona Medical Malpractice Statute of Limitations

The definition of medical malpractice is the same in all 50 states of the union.  A health care professional, a doctor, can be held responsible if he/she fails to diagnose a patient properly.  In addition, if the normally prescribed treatment is not given or withheld for an unreasonable amount of time, and it results in further injury or death, the doctor and any other health care professionals can be held liable.  However, how a malpractice claim is handled can vary significantly from state to state.  For instance, in the state of Arizona, each health care provider is responsible for the judgment according to his/her level of guilt, unless more than one defendant worked in concert together, which resulted in the basis for the claim.

Time Limits for Filing a Claim in Arizona

Every state must have a statue of limitation on malpractice suits.  Some states are very cut-and-dried, when it comes to a time limit.  Some states have varying special circumstances to consider.  In Arizona, the statute of limitations is two years.  If the individual is under the age of eighteen, he/she has two years from that birthday to file suit.

Negligence Laws

Before filing a malpractice claim in any state, it is important to check the negligence laws.  In Arizona, a ‘good cause’ hearing is held first, in order to determine whether there is enough reason to proceed to trial.  For further detailed information, see the chart following:

Code Section

51-11-7

Comparative Negligence

Not applicable in Arizona

Contributory Negligence-Limit to Plaintiff's Recovery

Claimant's contributory does not bar recovery provided his fault is less than defendant’s is and that by ordinary care claimant could not have avoided the consequences of defendant's negligence. However, claimant's damages are diminished by amount in proportion to the amount of his fault. (§51-11-7)

Contribution Among Tortfeasors

Yes; §51-12-32

Uniform Act

No

Award Limits in Arizona

Arizona has no specific award limits.  Therefore, it is up to the jury to decide what is fair concerning medical bills and punitive damages.  In addition, there are no limits regarding the attorney fees.  However, a review can be requested by either party, if the payment seems unfair.

Legal Help

Should you or a loved one suffer, due to the negligence of a health care professional, it is important to seek the help of a malpractice attorney before filing claims.  You want to make sure you have a good case, and that are of the pertinent information is addressed in court. In representing yourself, under such high financial and emotional stakes, it would be too easy to forget an important detail that can make a big difference in the ultimate outcome.  You want to make sure you are properly compensated for present and future expenses.