Medical malpractice occurs when a healthcare provider, a doctor, nurse, hospital, or other professional, fails to meet the accepted standard of care and a patient is harmed as a result. Not every bad outcome is malpractice; medicine carries inherent risks. The question is whether the provider did something a reasonably competent provider would not have done, or failed to do something they should have.
What Counts as Medical Malpractice
Common examples include misdiagnosis or delayed diagnosis of serious conditions, surgical errors, medication and anesthesia mistakes, birth injuries, and failures to monitor or follow up.
The Expert Affidavit Requirement
Arizona makes malpractice claims harder to bring than ordinary injury cases. Under A.R.S. § 12-2603, a plaintiff generally must provide a written affidavit from a qualified medical expert early in the case, certifying that the standard of care was breached. Without qualified expert support, the claim cannot proceed.
This requirement means malpractice cases demand significant up-front investment in expert review. A serious firm evaluates the medical records with appropriate experts before filing, which protects both the client and the integrity of the claim.
Deadlines and the Discovery Rule
The general two-year statute of limitations applies, but in malpractice cases it often runs from when the patient knew or reasonably should have known of the injury and its cause, not necessarily the date of the treatment. This 'discovery rule' matters greatly in misdiagnosis and delayed-diagnosis cases where harm surfaces later.
Special rules apply to minors and to claims against public hospitals or providers, which can carry the short 180-day notice-of-claim deadline. These nuances make early legal advice critical.
Damages in Malpractice Cases
Because Arizona's constitution bars caps on compensatory damages, a victim of serious medical negligence can pursue the full measure of past and future medical costs, lost earnings, the cost of corrective and long-term care, and non-economic damages for pain and diminished quality of life. Birth injury cases in particular may require lifelong care that must be carefully valued.
Given the expert requirements, evidence preservation, and complex deadlines, a prompt and confidential free review is the best way to understand whether you have a viable malpractice claim.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.