Medical malpractice in Arizona: FAQs

Physicians spend years getting training to help treat medical conditions and injuries. In most cases, a visit to the doctor is a step towards bettering one’s health. However, in some cases, a mistake at the doctor’s office, in the hospital, clinic or other medical setting can result in more damage. Those who find themselves navigating an injury may have questions about medical malpractice claims.

Some of the more common questions include:

#1: Do I have a claim?

Arguably the most common question is whether the individual has a claim. The law expects medical practitioners to provide care with the “degree of skill and learning ordinarily used by members of their profession under the same or similar circumstances.” Those who fail to do so are likely subject to a medical malpractice claim.

Establishing this standard generally requires medical records and expert testimony.

To move forward with a successful case, the patient must establish that a patient/doctor relationship was present, the doctor was negligent or reckless while providing care, this negligence or recklessness lead to an injury and finally that the patient suffered an injury.

#2: What are common medical malpractice claims?

Common examples of medical malpractice claims include missed or failure to diagnose, surgical errors, birth injuries and infections.

#3: Does it matter when I file the claim?

Although the first priority is your health and getting the medical care needed to get well, it is important to note that medical malpractice claims are often subject time limits. These limits are governed by the statute of limitations. In most situations, medical malpractice claims in Arizona have a two-year statute of limitations. There are some exceptions that can result in a longer time limit, such as injuries to children.