FREQUENTY ASKED QUESTIONS REGARDING MEDICAL MALPRACTICE CASES IN ARIZONA
1. What is the statute of limitations for a medical malpractice case in Arizona?The statute of limitations is the deadline by which a case must be filed with the court. In Arizona, the statute of limitations for a medical malpractice case is 2 years from the date the person knew or should have known of the injuries that put him/her on notice to investigate the cause. If the person died, the family has 2 years from the date of death to file a lawsuit.
2. What is the statute of limitations for a medical malpractice case against a city, state, or municipality in Arizona?
If your claim is against the city, state, county, or any other entity run by the state (or the city, town, etc.), you have to file a notice of claim against the correct entity within 6 months of the date you knew or should have known of the potential negligence. Examples of claims that require a notice of claim include (but are not limited to) claims against: county hospitals, public schools, police officers, city/state/county for road design flaws, and potentially resident doctors.
3. What is the statute of limitations for a minor pursuing a medical malpractice case in Arizona?In Arizona, the statute of limitations for a minor is 2 years from his/her 18th birthday. If the claim is against a public entity, it is 6 months from his/her 18th birthday. If the child dies, the statute of limitations for the parents is 2 years from the child’s death.
4. What do we have to prove to win a medical malpractice case?
To prove a medical malpractice case, we have to establish 3 key links in the case. First, we must prove that the doctor/nurse/healthcare provider was negligent, or below the standard of care. In other words, that he or she did something that was not reasonable or prudent. Second, we must prove that what the doctor/nurse/healthcare provider did wrong was a cause of the injuries. If the person was injured, but the defendant did not cause it, there is no case. Finally, we must prove what the person’s damages (injuries) are. All three of these elements must be met in order to proceed to court.