Medical Malpractice Law in Arizona

Medical malpractice law in Arizona has a certain limit on the time frame by which you may file your lawsuit. In the state of Arizona, the statute of limitations on these medical malpractice cases is two years from the date in which the injury or death occurred.

Contribution

The right of contribution is relevant only among those tortfeasors who are jointly or severally liable. These tortfeasers are entitled to a contribution once he or she has discharged the common liability or has paid more than his or her fair share. In the case that they have entered into a joint settlement, the other claimant is not entitled to receive any contributions from a joint tortfeasor who has a liability that was not extinguished by the settlement.

Arizona State Malpractice Laws at a Glance:

Arizona State Tort Law
Statute of Limitations Two years from date of original injury
Damage Award Limits No limits
Joint Defendant Liability Proportionate liability for defendants
Expert Witness No stipulations for witnesses
Attorney Fees No limits on attorneys fees

Consult with a medical malpractice lawyer in your area if you think you've been harmed by a medical professional.

Expert Testimony

In any case that involves medical malpractice law in Arizona, the claimant must prove that the defendant failed to meet the demands of the standard health care practice by a direct expert's testimony. If no expert testimony can be granted, then a summary judgment will be given.

Periodic Payments

When future damages in any kind of personal injury lawsuit are granted that exceed an amount of $100,000, then the court may require either party to make these future damages payments periodically. The only time that periodic payments may not be granted is in cases such as intentional torts, gross negligence, or any form of extreme case of misconduct. These periodic payments are considered to be an asset that is inheritable, divisible, and so on.

Immunities

One of the major sections of malpractice law in Arizona includes the laws covering immunities. Whenever a government entity, such as county or city hospital and its employees, acts without malice or criminal intent, then under Arizona law they are not held responsible for any act or omission of an employee. Therefore, if a person gets injured, but it is not a result of malice, recklessness, the government entity is not held responsible for any punitive damages.

Pre-judgment Interest

Pre-judgment interest is available to any claimants of personal injury only when the damage is subject to exact computation prior to the verdict. Any damages that do not have to do with money are not held to this exact computation standard and as a result there is no need for pre-judgment interest. As you can see, medical malpractice law in Arizona has a lot of details involved and can be quite complicated.

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