Arizona Medical Malpractice Laws
By Craig Knapp on August 5, 2021

While the general legal principles in medical malpractice cases are the same across states, each jurisdiction will have specific laws that affect these cases. Arizona has its own rules that apply to cases filed in the state, including one that clearly helps victims of medical malpractice fully recover for their injuries.

To receive the compensation you deserve, contact the Arizona medical malpractice lawyers at Knapp & Roberts.

The Statute of Limitations in Arizona

The first issue in practically any case is the time period in which you have to sue. The Arizona statute of limitations is two years in a medical malpractice case. However, that is not the end of the story. It is not always apparent when the clock should begin. Usually, it is from the time that you knew you should have been injured. In Arizona, the rule is that the two years starts when you knew that your injury was the result of medical malpractice. This is an important distinction because you could feel the effects of an injury long before you knew a doctor made a mistake.

An Expert Witness Affidavit Is Required

Another Arizona-specific rule in medical malpractice cases is a requirement that the plaintiff file an affidavit from a qualified medical expert that details the expert’s opinion about how the doctor committed malpractice. In other words, the medical expert must state their opinion in writing early on in the case, and it must be served on the defendant within 30 days of when they answer your complaint.

While this seems like a burden on the plaintiff, it really just moves up what is a critical requirement in any medical malpractice case. After all, every single medical malpractice case will feature an expert witness because that is exactly how you prove that a doctor acted unreasonably under the circumstances.

No Caps on Damage Awards

Some states try to cap medical malpractice awards, but Arizona is not one of them. In fact, Arizona’s Constitution specially forbids any limit of medical malpractice damages. This extends to all personal injury cases in the state. This clause in the Arizona Constitution endures despite occasional attempts to amend it. It means that a doctor who injures you or a loved one and their insurance cannot hide behind a damages cap as they do in other states.

Arizona Is a Pure Comparative Negligence State

Finally, Arizona has another law on its books that could be viewed as favorable to medical malpractice plaintiffs. Some defendants try to blame the plaintiff for their own injuries, arguing that they were contributorily negligent. In medical malpractice cases, this could come into play when the defendant accuses the plaintiff of failing to follow the doctor’s instructions.

Arizona law allows the plaintiff to recover as long as the defendant bore some part of the responsibility for the injuries, even if the plaintiff was more than half to blame. The percentage of recovery will be reduced by the fault, but this means that possible plaintiffs should always consult with a medical malpractice lawyer to determine whether they have a possible case.

Outside these special laws, the rule in Arizona is the same as it is anywhere else. You must show that it was more likely than not that the doctor acted unreasonably under the circumstances, and that they caused your injuries. This can be a complicated case, and it requires an experienced attorney. Contact us today!