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.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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