Arizona Medical Malpractice: Medical Malpractice Laws, Claims and Damages
UPDATED: March 7, 2012
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ARIZONA MEDICAL MALPRACTICE
When an individual has been injured as the result of medical negligence in Arizona, a claim arises for medical malpractice. An Arizona health care provider who acts below their industry’s standard of care and causes injury to a patient is considered to be medically negligent. The standard of care is determined by the particular medical sector in which the health care provider is working. Medical malpractice in Arizona can arise from, but is not limited to, the following:
- Surgical error;
- Nursing error;
- Dental error;
- Failure to prescribe the proper medication;
- Failure to treat or incorrect treatment.
If you think that a health care provider, as a result of their medical negligence, has injured you, contact an Arizona medical malpractice attorney immediately.
Who Can Be Sued in an Arizona Medical Malpractice Case?
Any health care or medical provider in Arizona can be held liable for medical malpractice. In Arizona, a health care or medical provider includes, but is not limited to, doctors, nurses, dentists, chiropractors, psychologists, and any other entity, person, corporation, or group licensed to provide medical or nursing services to an individual. There may be several individuals or entities that can be held liable in a medical malpractice case, so it is important to consult an experienced Arizona medical malpractice attorney to be sure that all of the proper defendants are listed on the claim.
Arizona Medical Malpractice Statute Of Limitations
Every type of legal claim has a statute of limitations. A statute of limitations is the period of time in which the claim must be brought before the claim is barred completely. In Arizona, if a medically negligent health care provider injures an individual, the individual has two years from the date of the injury to bring a claim for medical malpractice. If the injury was not discovered immediately, Arizona allows a claim to be brought within two years of the time when the injury was, or reasonably should have been, found. It is important that an injured individual contact an Arizona attorney as soon as possible to ensure timely filing of their claim.
Caps on Medical Malpractice Claims in Arizona
There are no limits on damages for medical malpractice claims in Arizona. Generally, damages are reached by a settlement and negotiation process, or through the court system. To determine the proper amount of economic, noneconomic, and punitive damages in a specific case, consult an Arizona medical malpractice attorney.
Filing an Arizona Medical Malpractice Claim
In order to assert a claim for medical malpractice, the plaintiff must show (1) the injury was caused by a health care provider who (2) failed to act with the requisite standard of care. It’s important to know that the health care provider will generally have a team of experienced attorneys to defend them. In order to ensure that your claim is asserted properly, and that the appropriate monetary damages are recovered, consult an experienced Arizona medical malpractice attorney for assistance in filing your claim.
Arizona Medical Malpractice Laws
- Courts and Civil Proceedings: Actions Related to Healthcare: Definitions. Title 12, Chapter 5.1, § 12-561.
- Courts and Civil Proceedings: Actions Related to Healthcare: Injury to person . . . two year limitation. Title 12, Chapter 5, § 12-542.
- Courts and Civil Proceedings: Actions Related to Healthcare: Necessary Elements of Proof. Title 12, Chapter 5.1, § 12-563.