Filing a medical malpractice lawsuit in Arizona is not buttery smooth. It has complexities that you’d have no clue about. Without proper assistance, you could be lost on the shore. The best bet in such a case is to know the ins and outs of the process of filing a lawsuit to safeguard your rights and get justice. This guide is here to give you the necessary information on how to go about medical malpractice litigation in Arizona.
What’s Medical Malpractice?
Medical malpractice takes place when negligence by a healthcare provider results in serious injury to a patient. Such negligence may vary from misdiagnosis, surgical complications, and drug errors, to injuries during birth. In Arizona, victims have a right to file a case against liable parties.
Statute of Limitations in Arizona
In Arizona, the victim has two years from the day of injury or its discovery in which to pursue a medical malpractice case. This is the statute of limitations. The victim has to move with speed in order not to lose this deadline. Otherwise, it can shut out the victim from claiming damages.
Proving Negligence
To be successful in a claim of medical malpractice, the victim needs to prove:
- Standard of Care: The victim is required to prove the standard of medical care expected in his/her situation.
- Breach of Duty: The victim must provide evidence that the health care provider has fallen short of this standard practice.
- Causation: The victim must prove that this failure has resulted in him/her suffering harm directly.
- Damages: The victim must present evidence of the injury incurred, such as medical bills or lost wages.
Filing an Affidavit of Merit
Arizona law requires plaintiffs to file an affidavit of merit within 60 days of filing a medical malpractice case. The victim may draft this document with the assistance of a competent medical professional. The document states that the victim’s claim is meritorious and that the defendant has likely violated the standard of care. Not providing this affidavit may undermine the case or even lead to case dismissal.
The Litigation Process
The Arizona medical malpractice litigation process comprises the following steps:
- Pre-Litigation Preparation: The victim needs to collect all the necessary medical records, obtain witness statements, and chronicle the effect of the injury on his/her life.
- Filing the Complaint: Prepare and file a complaint with information about the nature of the negligence leading to injuries, and the damages claimed.
- Discovery Phase: The two sides share information via depositions, interrogatories, and document requests to construct their cases.
- Settlement Negotiations: Most cases are settled before trial. It provides a faster resolution of the medical malpractice case.
- Trial: The case goes to trial if it does not settle between the two sides. Both sides offer evidence and arguments during the trial.
Potential Damages
Arizona does not limit damages in medical malpractice cases. Victims can recover:
- Compensatory Damages: These compensate for actual losses such as medical expenses and lost wages.
- General Damages: These compensate for non-economic injury such as the victim’s pain and suffering.
- Punitive Damages: These are given in cases of gross misconduct to punish the offender.
Arizona is a pure comparative fault state. This implies you can recover compensation even if you’re partially liable for your injury. Your compensation, however, will be reduced by your share of fault. For instance, if you’ve found 30% liable, your award is reduced by 30%.
Given the complexities involved in medical malpractice litigation in Arizona, consulting with an experienced medical malpractice attorney is essential to protect the victim’s rights and pursue the compensation one deserves.