Things You May Not Know About Medical Malpractice In Arizona
Startling numbers from a study revealed that half of all surgeries in the U.S. involve an error on the part of the medical team. Don’t get us wrong, we’re fans of medical personnel who go the extra mile for their patients. But when accidents in the surgery room occur, we feel just as strongly that the person(s) responsible need to be held accountable. While medical malpractice lawsuit requirements differ from state to state, in this article we’ll take a look at how a medical malpractice lawsuit is handled here in Arizona.
Medical Malpractice in Arizona at a Glance
Any health care or medical provider in Arizona is subject to being held liable for medical malpractice. If you have been harmed during a medical procedure, you have two (2) years to file a medical malpractice lawsuit. There are exceptions to this deadline, including:
- The Discovery Rule – Provides the victim with extra time in case they have just uncovered information that would lead them to realize they’ve experienced malpractice
- Minor Children – For those who were minors when the incident occurred, the two-year deadline begins on their 18th birthday
While some states have instituted caps – or limits – to how much compensation can be awarded in medical malpractice lawsuits, Arizona has no such cap. In fact, our state constitution actually prohibits caps be put in place. Any damages or settlements are reached either through the court system or a negotiation process between your lawyer(s) and the physician’s insurance provider.
Guidelines For Filing a Medical Malpractice Lawsuit
Before proceeding with filing a malpractice lawsuit, it’s a good idea to consider the following questions:
- Did you or a family member suffer a severe or permanent injury while under the care of medical personnel?
- Have you experienced negative side effects from a medication prescribed by your doctor?
- Have you been questioned by your insurance provider about the legitimacy of certain procedures or medications?
- Do you feel that your injury is the result of a piece of medical equipment functioning improperly?
How Long do Medical Malpractice Lawsuits Take
It’s not uncommon for medical malpractice lawsuits in Arizona take between one to two years to complete. Time must be allowed for discovery – the process for obtaining and examining evidence – and the consultation of expert witnesses. It’s also not uncommon for the two parties to reach an agreement out of court.
If a jury rules that you are in part responsible for your injuries – not properly following doctor’s orders, etc. – your award of will be reduced by that amount. For example, if the jury says you were at 20 percent fault, your compensation will be reduced by 20 percent.
Oswalt Can Help You With Medical Malpractice Case in Arizona
If you have been a victim of medical malpractice, you need the skilled expertise of a professional litigator. We urge you to contact us here at the Oswalt Law Group for a free consultation by calling (602) 225-2222.