Arizona’s statute of limitations exists to provide a timeline for a civil lawsuit for medical malpractice cases. If you or a loved one has experienced harm or injury while being treated by a doctor or medical staff, you are entitled to compensation. An experienced medical malpractice attorney will be able to guide you through the process of filing a lawsuit, and immediately begin the process of working on your case in the hope of settling it.
The Arizona Revised Statutes section 12-542(1) states that “a legal action alleging malpractice by a health care professional or care facility must be filed within two years after the cause of action accrues.” This means a victim of medical malpractice faces a two-year time constraint, making issuing and filing a lawsuit time-sensitive and critically important to a successful outcome.
Are there exceptions to the two-year statute of limitations?
The discovery rule in Arizona stands to allow a plaintiff the ability to file suit after the two-year time frame if he or she later discovers the negligence. For example, if a surgery is performed and gauze is left in the body and it is discovered 6 years after surgery, the plaintiff (patient who is suing) can assert that the two-year clock begins to run when the gauze was discovered.
A medical malpractice lawyer will use the discovery rule and prove the plaintiff did not know of the medical malpractice issue up until the discovery point. Once reasonable and exercised diligence has been proven, the case moves forward despite the two-year deadline already passing.
Other special exceptions can be applied if the plaintiff is a child or has a mental disability. The “clock” for the statute of limitations can pause in these circumstances. Minors have until 2 years from their 18th birthday to file a lawsuit.
When should I call a medical malpractice attorney?
If you believe you or a loved one is suffering injury from medical malpractice, call us at Snyder & Wenner immediately. We have collected over $225 million in compensation for our clients and their families. It is our goal to keep our community safe by pursuing cases to uphold medical responsibility and ensure the accountability of healthcare providers.
We specialize in birth injury, personal injury, wrongful death, medical malpractice, improper dispense of medications, and nursing home abuse. Call us today for a free consultation regarding your case. We will do everything in our power to give you the attention and compensation you deserve.
