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Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In Arizona, medical malpractice actions for personal injury or death must be filed within two years after the cause of action accrues. The claim accrues when you know or should reasonably have known you have been injured. In most cases, the claim accrues at the time of the negligent medical treatment. There are exceptions, however, when the injury does not manifest itself until a later time and in these cases, the claim accrues at the time of manifestation of the injury. Wrongful death claims accrue at the time of death and must be brought two years there from. There are some exceptions to the two­year limitation period. The period is tolled if a claimant is under the age of eighteen, mentally incompetent or imprisoned. There are special claims requirements for lawsuits brought against governmental entities. For suits against local or state government, you must provide written notice to the government agency within 180 days of the date the claim accrues.

Other Arizona Medical Malpractice FAQs

  • Q: Anesthesia Negligence
    A: Injury may occur when anesthesia is improperly given or not given in a timely manner to a patient. Medical malpractice is essentially the failure of a health care … More
  • Q: Asthma/Respiratory Illness
    A: Asthma may occur in one life anywhere childhood to adulthood. Improper treatment of asthma could include the failure of the physician to place the patient on an … More
  • Q: Birth Defects Or Injuries
    A: Most births and deliveries are handled appropriately by medical care professionals. However, medical negligence can occur during pregnancy. Sometimes physicians may … More
  • Q: Misdiagnosis
    A: Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use … More
  • Q: Nuclear Medicine (Cat Scans And Mris)
    A: CAT (computer axial tomography) Scans and MRI's (magnetic resonance imaging) save thousands of lives each year by detecting problems in their earliest stages and in … More
  • Q: Nursing Home Injuries And Negligence
    A: Injuries suffered by residents of nursing homes may be recoverable under applicable state laws for medical malpractice. When health care providers fail to provide … More
  • Q: Ob-Gyn
    A: OB or obstetrics malpractice may include failure of the obstetrician to properly perform his or her duties including failure to perform the proper laboratory tests, … More
  • Q: Obtaining Informed Consent
    A: Medical procedures including surgery, some types of injections including injections for chronic pain control, require that you sign a consent form. In some instances … More
  • Q: Pharmacist Malpractice
    A: Medical malpractice is the failure of a Health care provider, including pharmacists and pharmacy technicians, to treat his or her patient with a reasonable degree of … More
  • Q: Psychiatric Or Psychological Malpractice
    A: These types of malpractice include failure to diagnose a specific problem resulting in harm to the patient or others. The committing of suicide, death or injury of … More
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