Across every US state, the general legal principle regarding medical malpractice is the same. But of course, each individual state will have additional laws that apply for these types of cases. Thanks to its own state laws, Arizona Medical Malpractice cases can turn out in favor of the victims who can then be fully compensated for their injuries.
In order to receive compensation for a case like this in the state of Arizona, you will need to have a skilled attorney at your side. So contact our medical malpractice lawyers at Schenk Podolsky.
Specific Medical Malpractice Laws in Arizona
Statute of limitations in Arizona
The first problem that any personal injury case faces is the time period in which you have to sue the at-fault party. This is also known as the Statute of Limitations. When it comes to Arizona, medical malpractice cases have a two-year statute of limitations. But that’s not all.
The real problem isn’t the time length but the moment when that time starts running out. Arizona laws state that the statute of limitation in medical malpractice cases, starts running the moment you learn that your injuries were caused by a medical malpractice. This is actually quite important, because sometimes we can feel the effect of an injury long before we realize that it’s the doctor’s fault that we even have that injury.
Medical Malpractice Cases Require an Expert Witness Affidavit
Arizona has another specific rule in malpractice cases. This rule requires the plaintiff to file an affidavit from a qualified medical expert. This affidavit should detail the opinion on how the other medical expert committed the malpractice.
Now this might look like a big burden for the plaintiff, but that’s exactly how you prove that the other doctor acted unreasonably in the given circumstances. Every single medical malpractice case must have an expert witness.
There Are No Caps on Damage Awards
In some states, the law limits the awards you can receive from a malpractice case. But not in Arizona! In fact, the Constitution of Arizona specifically forbids caps on medical malpractice damages. And this doesn’t only apply for medical malpractice, but also to other forms on personal injury cases. This clause in the Constitution, ensures that the doctor who caused you (or your loved one) harm and his insurance cannot hide behind damages cap.
Comparative Negligence in Medical Malpractice
There’s also another law that can help the plaintiff with his/her malpractice case. It’s quite common that the defendant blames the plaintiff for the injuries, that they were deliberately negligent. The most common excuse is that the plaintiff didn’t follow the doctor’s recommendation and that caused the injury.
Laws about medical malpractice in Arizona allow the plaintiff to recover compensation for the injuries, even if he/she was partially responsible for them. This means that the defendant has to be, in some part, responsible for the injuries. This of course means that the compensation will be reduced by the percentage of the plaintiff’s fault, and you can always consult with an attorney to determine whether or not you have a case.
Aside from these state-specific rules, Arizona is just like any other US state. You still have to prove that it was more likely than not that the doctor’s unreasonable behavior caused the injuries. Medical malpractice can be complicated cases, so it’s best to have a skilled attorney at your side to help you.