Residents of Arizona who have suffered injury due to a doctor's error may wish to learn more about how medical malpractice claims work. Someone who has suffered due to medical negligence could file suit to seek two types of damages: actual damages, which cover costs such as additional medical bills and loss of wages, and punitive damages, which are imposed because of a health care provider's reckless behavior.
The amount of damages one can collect may also be limited in some states. In the Arizona Constitution, it states that laws may not be placed that limit the amount of damages that can be collected if someone is injured or killed.
Those who do decide to file a medical malpractice lawsuit have a statute of limitations to adhere to. In Arizona, an individual may file a lawsuit within two years after the cause of action accrues. Those two years may begin on the date the injury manifests or the day a minor turns 18. Arizona also has an affidavit of merit law, requiring that those filing a suit need an expert testimony from a medical professional not involved in the case in order for it to be heard in court. The plaintiff has 60 days to file the affidavit.
Someone looking to file a lawsuit against a liable party for a hospital or doctor error may wish to seek the assistance of a legal professional. A lawyer could help their client file the necessary paperwork and represent them in court. A lawyer could also help ensure that a lawsuit is filed in a timely manner and help a client receive the most compensation possible in their case.
Source: Arizona State Senate, "Medical Malpractice", September 26, 2014