How Do I File a Medical Malpractice Lawsuit in Arizona?

Published on October 6, 2022

You file a medical malpractice lawsuit in Arizona in the proper court of jurisdiction. If you have not filed a claim with the insurer, it is critical to engage in the negotiation process before filing a petition with the local court. You may also have to file a complaint against the licensed healthcare provider in question when pursuing the outcome you believe you deserve.

In this article, a Phoenix medical malpractice lawyer addresses whether you have an actionable medical malpractice lawsuit in Arizona and the options available for obtaining an award.

Determine If You Have Grounds for an AZ Medical Malpractice Lawsuit

You may have to file a complaint against the licensed healthcare provider for medical malpractice. When doctors and hospitals fail to provide patients with adequate treatment, their neglect may have far-reaching consequences. However, under ARS Section 12-561, you have the legal right to hold them accountable for your losses if they fail to meet their medical duty of care.

Examples of injuries caused by a breach in the duty of medical care include:

• Missed or failed diagnoses
• Contraction of infections in hospitals
• Unjustified or unexplained delays in medical care
• Medication errors
• Failing to train staff properly
• Other types of negligent conduct

Filing a medical malpractice lawsuit begins long before entering the courtroom. To demonstrate that you attempted to resolve the matter in good faith, you should negotiate with insurance companies to receive a settlement. However, they may try to lowball how much they owe you, making it essential that you speak with an attorney before accepting one.

Legal Options for Filing a Medical Malpractice Lawsuit in Arizona

There are two options for pursuing a medical malpractice lawsuit against your healthcare provider in Arizona. While you may have other forms of redress available, you should at least be aware of the pre-litigation negotiation and litigation phases of obtaining a settlement or civil court award.

Below, we have outlined the two options available:

• Option 1. Pre-lawsuit claim: This phase involves a full investigation of the facts, a letter of demand, and several back-and-forth negotiations. It sets the stage for the actionability of your claim while letting opposing parties know that you intend to receive the compensation you deserve. Ideally, this process ends the legal fight with a settlement offer that you find satisfactory to the injury victim or surviving family members.
• Option 2. Litigation: If the provider and insurer fail to pay what your case is worth under the law, you may have to file a lawsuit against them. Insurance companies could also face an unfair claims settlement practices lawsuit by not paying what they owe you on time. You will need to spend this time proving your side of the story before a judge or jury.

Regardless of the outcome, getting help from an attorney with medical malpractice experience is critical. We can help you determine what options are available and how you can execute a strategy that provides you the money you are owed under state and federal laws.

Get More Information About Your Case

The legal team at Knapp & Roberts helps people who believe they are victims of medical malpractice. Get a Free Consultation with our firm by calling 480.991.7677 or messaging us online. There are no attorneys’ fees until you win your case.