Arizona gives victims of medical malpractice two years to file a lawsuit, but exceptions can pause the clock. Missing that deadline bars the claim entirely, which is why victims are urged to act well before the statute runs.
What is the Statute of Limitations for Medical Malpractice?
This two-year deadline, known as the statute of limitations, exists to prevent old claims with outdated evidence from being heard in the civil court system. If you file outside the statute of limitations (meaning, the statute of limitations has run out), the defendant can raise this as a defense and have your case permanently thrown out of court.
How the Discovery Rule Delays the Clock
Not all medical errors are obvious, and in some cases, it could take the patient months or even years to realize that the doctor made a mistake. For this reason, the two-year statute of limitations is subject to an important qualification known as the discovery rule.
This means that the two-year clock doesn’t start to run until the patient knows, or should reasonably know, that the medical professional negligently committed an error.
Why Proving the Discovery Rule Is Difficult
Asserting the discovery rule is not easy, because the burden lies with the patient to prove both that they did not know about the mistake and could not have reasonably discovered it until some time after it was made. This can be a complicated matter because a victim can experience symptoms following a medical procedure, which may or may not point to a problem that specifically stems from that procedure.
Note that the statute of limitations only requires that a lawsuit be filed within the applicable time window. The lawsuit does not have to be settled or adjudged by the court within that period.
Other Situations in Which the Statute of Limitations May Be Extended
There are other, albeit limited situations besides the discovery rule which may extend the statute of limitations. If one of these applies, then the two-year clock is effectively paused (also known as “tolled”):
- The medical malpractice victim is under the age of 18
- The patient is mentally disabled
- The negligent healthcare provider is outside of Arizona and cannot be served with the lawsuit
Why You Should Act Long Before the Statute of Limitations Expires
While two years may sound like a long time, it will pass more quickly than you expect. It is not recommended that you let the clock tick and get close to the statute of limitations running in your case. Even if you file within the two-year window, if you wait too long you may encounter these problems:
- Difficulty locating evidence: The evidence you need to prove a malpractice claim could be hard to find or destroyed. Tracking down evidence long after the fact is notoriously difficult.
- Memories can fade: If there were witnesses who had valuable information about the malpractice, their testimony could be substantially weakened as their memories fade.
- Harder to identify defendants: You, as the victim, may also start to forget crucial details about the malpractice. This could make it more difficult to identify the various at-fault parties.
- More damages and related problems: Waiting longer means higher medical bills and more difficulty working and making ends meet because you might not get the treatment you need to correct the medical error.
Don’t Wait to Begin Your Arizona Malpractice Case
Were you the victim of medical malpractice in Flagstaff, West Valley, or Buckeye, AZ? You owe it to yourself and your family to speak with the experienced medical malpractice attorneys of the Gill Law Firm. Call or fill out our online contact form to learn more.