Is There a Statute of Limitations on Medical Malpractice?

In Arizona, the medical malpractice statute of limitations is generally two years from when the claim accrues, but this does not always mean two years from the date of the medical error. 

Under Arizona’s discovery rule, the clock can begin when you knew or reasonably should have known that you were injured and that the injury may have been caused by medical negligence. This distinction can be especially important when a misdiagnosis, surgical error, medication mistake, or other form of malpractice is not immediately apparent.

Understanding the medical malpractice claim deadline is only part of determining whether you have a viable case. You must also be able to prove medical malpractice by showing that the healthcare provider failed to meet the applicable standard of care and that the failure caused your injury. 

Exceptions and tolling rules may also affect the filing deadline, including situations involving minors or injuries that could not reasonably have been discovered sooner. If you believe a healthcare provider’s negligence caused you harm, speaking with a Phoenix medical malpractice lawyer as soon as possible can help you understand your deadline and preserve the evidence needed to pursue your claim.

What Is Medical Malpractice?

‘Medical malpractice’ refers to when a healthcare worker does something–or fails to provide proper care to a patient–that results in harm to a patient. Whatever the healthcare worker did should fall below a reasonable standard of care that other similarly trained or experienced workers would provide in order to be considered medical malpractice.

Some examples of medical malpractice can include:

• Giving a patient an incorrect medication or dose
• Failing to diagnose a patient’s illness or condition correctly
• Unsanitary practices, such as using contaminated equipment
• Leaving surgical items in a patient after surgery

Medical malpractice is considered a tort law, which means it’s considered a civil wrong rather than a criminal case. These types of cases are typically settled outside of court.

What Is a Statute of Limitations?

A statute of limitations is a law that mandates how much time you have to file a lawsuit after you’ve been harmed or suffered a loss. If you wait too long to file a lawsuit, the case may be dismissed.

The Statute of Limitations on Medical Malpractice in Arizona

In Arizona, you have two years to file your medical malpractice lawsuit. This two-year timer starts on the date you were injured or mistreated. If you do not file your lawsuit within those two years, your right to sue the healthcare worker and get money for your damages may be gone.

Exceptions to the Rule

There are situations in which you may have longer than two years to file your lawsuit  because the law understands not every case is the same and some situations need more time. Some exceptions to the two year limit include:

The Discovery Rule

The discovery rule says the statute of limitations for a claim actually begins when you discover the injury, rather than the date the injury occurred. There are some injuries that you might not notice right away.

For example, if you have been taking medication that doesn’t match the label on the bottle it came in and experienced serious side effects, you might not know the medication was the issue, or you may not know the pharmacist put the wrong medication in the bottle. So, the statute of limitations wouldn’t begin the first time you took the wrong medication–it would start on the date you learned you had been given the wrong medication.

Surgery Complications

If your injury was a result of a surgery complication that could have reasonably been avoided, you may have more time to file your lawsuit. Similar to the discovery rule, there are times in which you might not know something went wrong during your surgery until much later.

For example, if you get an infection after your surgery from unsanitized surgical tools, you likely wouldn’t know until later on. If the surgeon left medical tools in your body, you would also likely not know until later. In these situations, your two years would not start the date of your surgery–they would start once you learned the cause of your injury.

Minors

In Arizona, the statute of limitations for medical malpractice that involves a minor (someone under the age of eighteen) starts two years after the victim’s eighteenth birthday. 

When to Call a Medical Malpractice Attorney

If you or someone you love has suffered an injury, felt that a treatment fell below a reasonable standard of care, was a victim of misdiagnoses, or was a victim of a mistake or neglect during a surgery, you should contact a medical malpractice attorney as soon as possible. Call Gage Mathers today to see how we can support your case and get you the compensation and peace of mind you deserve!

Learn more about autonomous vehicle accidents.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
JD’s Profile