If you are an Arizona resident and are considering a medical malpractice lawsuit, you have a lot to consider. Medical malpractice and medical negligence cases for you or a loved one can become rapidly complicated. The first step is to find an experienced, qualified medical malpractice attorney.
Medical malpractice cases are time-sensitive. This begs the question, how long can you wait to sue a doctor before your time runs out?
Can you claim medical negligence after 2 years?
The statute of limitations refers to a deadline indicated by the state serving as a deadline to file a lawsuit. In Arizona, the statute of limitations for medical malpractice cases is two years after the listed incident (Ariz. Rev. Stat. § 12-542(1) (2022). From the time of the incident, a person has two years to come together with a lawyer and file a lawsuit, but there are exceptions, including the “discovery rule.”
The discovery rule states that instead of starting at the time of the incident, a person is able to begin the two-year period when he or she first discovered the negligence or malpractice. For example, if a person undergoes surgery and is plagued with chest pain, shortness of breath, and recurring infections, and unknowingly had gauze left in their body, they could be eligible to use the discovery rule once the error was realized.
The statute of limitations may also be extended in Arizona after the two-year timeline for circumstances including cases where a plaintiff is a minor.
What are the most common causes of medical malpractice?
The following are the most common causes for medical malpractice:
- Birth injury
- Diagnostic error
- Medication error
- Anesthesia error
- Surgical error
A medical malpractice lawsuit may arise if a patient has not received proper medical care, attention, or treatment to the best of the ability of the doctor, surgeon, or staff at a hospital. If you or a loved one has sustained an injury after surgery or misdiagnosis, contact a lawyer immediately. We represent the rights of victims in our community to right the wrong of malpractice and will fight for the compensation you deserve.
Arizona does not have a cap on damages in medical malpractice cases, meaning the constitution legally prohibits a limit on the damages sustained in a civil case due to malpractice injury (Ariz. Const., art. II, § 31.) This leaves the door open for you to receive the compensation you or a loved one deserve for your pain and suffering.
You or a loved one should never feel like you should hide or ignore an issue after surgery. Call us today for a free overview and consultation of your medical malpractice case.