Timeline for Arizona Healthcare Lawsuits

One of the first things a Phoenix medical malpractice attorney will do is help you understand how Arizona’s statute of limitations applies to your case.

What Is a Statute of Limitations?

A statute of limitations is the legal time frame for filing certain lawsuits. It defines how long you have to take legal action after an incident occurs.

For instance, in Arizona, the law allows medical malpractice victims to file a case against medical professionals or care facilities within two years from the time an incident happens or is discovered. Arizona Revised Statutes section 12-542(1) states: “A legal action alleging malpractice by a healthcare professional or care facility must be filed within two years after the cause of action accrues.”

A good Phoenix medical malpractice attorney will also provide helpful consultation tips for malpractice victims, explaining how the statute applies to your unique case. Your lawyer should explore the various types of damages awarded in malpractice cases to help you determine which ones to include in your claim for full compensation.

They can also walk you through the types of damages awarded in malpractice cases and help estimate how long your case may take based on the details of your situation. The statute exists to ensure malpractice cases are handled fairly while evidence is still available and memories are fresh.

Special Requirements and Exceptions to the Arizona Statute of Limitations

Here are some key requirements and exceptions to this statute that you should be aware of:

• Tolling exceptions: The timeline can be paused if there’s proof a doctor or facility tried to hide the injury through fraud or deception.
• Discovery rule: This applies when the extent of the doctor’s misconduct isn’t immediately obvious. For example, if a surgeon leaves a foreign object, like a surgical tool, inside your body, and it causes noticeable problems months or years later, this statute applies from the day the foreign object is discovered.
• Minors: This statute of limitations doesn’t apply to cases involving children until they attain the age of eighteen years.
• Government agency: If a government agency is responsible for the malpractice, you’re required to file a 180-day Notice of Claim before you can file your case.
• Affidavit of merit: You must file an affidavit of merit within two months of filing your malpractice case.

Your medical malpractice lawsuit could be dismissed if you file it late.

Talk to a Phoenix Medical Malpractice Attorney Today

Timelines for medical malpractice lawsuits in Arizona are strict. You generally have just two years from the date the injury occurred or was discovered. Gage Mathers can help you understand how the statute applies to your case, explore the types of damages awarded in malpractice claims, and fight for the full compensation you deserve!

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
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