Arizona Medical Malpractice Law Firm
The Hogle Firm Medical Malpractice Attorneys
Medical malpractice law in Arizona governs the legal rights of patients who have been harmed by a healthcare professional's negligence or misconduct. The law provides patients with the right to seek compensation for damages caused by a medical professional's failure to meet the accepted standard of care.
Arizona's medical malpractice laws are governed by Arizona Revised Statutes (ARS) 12-561 through 12-573. These laws define the types of claims that can be brought against healthcare providers, the procedures for filing a claim, and the damages that may be recovered.
In Arizona, a medical malpractice claim can be brought against a licensed healthcare provider, including doctors, nurses, dentists, and other medical professionals. To prove medical malpractice, the patient must show that the healthcare provider breached their duty of care by failing to provide treatment that meets the accepted standard of care. Additionally, the patient must show that the healthcare provider's negligence caused their injuries or damages.
Arizona has a statute of limitations for medical malpractice claims, which means that patients have a limited amount of time to file a claim. In Arizona, the statute of limitations for medical malpractice claims is two years from the date of the injury or two years from the date when the injury should have been discovered through reasonable diligence.
Arizona law also requires medical malpractice claims to be reviewed by a medical review panel before they can be filed in court. The review panel is made up of healthcare professionals who evaluate the evidence presented in the case and issue an opinion on whether malpractice occurred. However, the review panel's opinion is not binding and does not prevent a patient from pursuing a claim in court.
In Arizona, damages in medical malpractice cases are limited by law. Non-economic damages, such as pain and suffering, are capped at $250,000, while punitive damages are limited to either three times the amount of economic damages or $2 million, whichever is greater.
It's important to note that Arizona has adopted a comparative fault system, which means that if the patient is found to be partially responsible for their injuries, their damages will be reduced by the percentage of their fault. However, as long as the patient is not more than 50% at fault, they can still recover damages.
In summary, medical malpractice law in Arizona allows patients who have been harmed by a healthcare professional's negligence or misconduct to seek compensation for damages. Patients must prove that the healthcare provider breached their duty of care, and that their negligence caused the patient's injuries. Damages are limited by law and the patient's fault can reduce the damages awarded. If you believe you have a medical malpractice claim, it's important to consult with an experienced attorney who can guide you through the legal process.
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