HurtbyaDoctor.com | Trial Lawyers Handling Medical Malpractice, Surgical Malpractice, Labor & Delivery / Birth Malpractice, Gastric Bypass Malpractice & Wrongful Death Cases
Arizona Statutes of Limitation for Medical Malpractice and Wrongful Death
Arizona Statutes: Actions Relating to Health Care
Arizona Medical Malpractice Statutes of Limitation Summary
Arizona statutes of limitations provide that all lawsuits for medical malpractice must be filed within two (2) years from the date the cause of action accrues.
If the the plaintiff is under 18 years old when the cause of aciton accrues, the limitations period is tolled and and begins to run again on the plaintiff's 18th birthday.
Arizona's wrongful death statute of limitations is two (2) years from the time of death.
Arizona Medical Malpractice Statutes of Limitation
Arizona Revised Sautes 12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation
Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:
1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.
2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.
Arizona Revised Statutes 12-561. Definitions
In this chapter, unless the context otherwise requires:
2. "Medical malpractice action" or "cause of action for medical malpractice" means an action for injury or death against a licensed health care provider based upon such provider's alleged negligence, misconduct, errors or omissions, or breach of contract in the rendering of health care, medical services, nursing services or other health-related services or for the rendering of such health care, medical services, nursing services or other health-related services, without express or implied consent including an action based upon the alleged negligence, misconduct, errors or omissions or breach of contract in collecting, processing or distributing whole human blood, blood components, plasma, blood fractions or blood derivatives.
Arizona Statutes of Limitations Tolling Provisions
Arizona Revised Sautes 12-501. Effect of absence from state
When a person against whom there is a cause of action is without the state at the time the cause of action accrues or at any time during which the action might have been maintained, such action may be brought against the person after his return to the state. The time of such person's absence shall not be counted or taken as a part of the time limited by the provisions of this chapter.
Arizona Revised Sautes 12-502. Effect of minority or insanity
If a person entitled to bring an action other than those set forth in article 2 of this chapter is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action. Such person shall have the same time after removal of the disability which is allowed to others.
Arizona Revised Sautes 12-503. Tacking of disabilities prohibited
The period of limitation shall not be extended by the connection of one disability with another. When the law of limitation begins to run it shall continue to run notwithstanding a supervening disability of the party entitled to sue or liable to be sued.
ARIZONA REVISED STATUTES
Chapter 5.1 ACTIONS RELATING TO HEALTH CARE -- Click Here
Article 1 General Provisions
12-561 Definitions
In this chapter, unless the context otherwise requires:
1. "Licensed health care provider" means both:
(a) A person, corporation or institution licensed or certified by the state to provide health care, medical services, nursing services or other health-related services and includes the officers, employees and agents thereof working under the supervision of such person, corporation or institution in providing such health care, medical services, nursing services or other health-related services.
(b) A federally licensed, regulated or registered blood bank, blood center or plasma center collecting, processing or distributing whole human blood, blood components, plasma, blood fractions or blood derivatives for use by a licensed health care provider and includes the officers, employees and agents working under the supervision of the blood bank, blood center or plasma center.
2. "Medical malpractice action" or "cause of action for medical malpractice" means an action for injury or death against a licensed health care provider based upon such provider's alleged negligence, misconduct, errors or omissions, or breach of contract in the rendering of health care, medical services, nursing services or other health-related services or for the rendering of such health care, medical services, nursing services or other health-related services, without express or implied consent including an action based upon the alleged negligence, misconduct, errors or omissions or breach of contract in collecting, processing or distributing whole human blood, blood components, plasma, blood fractions or blood derivatives.
12-562 Medical malpractice actions; grounds
A. A medical malpractice action shall not be brought against a licensed health care provider except upon the grounds set forth in section 12-561.
B. A medical malpractice action brought against a licensed health care provider shall not be based upon assault and battery.
C. A medical malpractice action based upon breach of contract for professional services shall not be brought unless such contract is in writing.
D. A medical malpractice action brought against a physician licensed pursuant to title 32, chapter 13 or 17, a podiatrist licensed pursuant to title 32, chapter 7, a registered nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25 regarding services provided within that person's scope of practice shall not be based on the neglect, abuse or exploitation of an incapacitated or vulnerable adult, except as provided in section 46-455.
12-563 Necessary elements of proof
Both of the following shall be necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted standard of care:
1. The health care provider failed to exercise that degree of care, skill and learning expected of a reasonable, prudent health care provider in the profession or class to which he belongs within the state acting in the same or similar circumstances.
2. Such failure was a proximate cause of the injury.
12-565 Health care actions; collateral source evidence
A. In any medical malpractice action against a licensed health care provider, the defendant may introduce evidence of any amount or other benefit which is or will be payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States social security act, any state or federal workers' compensation act, any disability, health, sickness, life, income-disability or accident insurance that provides health benefits or income-disability coverage and any other contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of income-disability or medical, hospital, dental or other health care services to establish that any cost, expense, or loss claimed by the plaintiff as a result of the injury or death is subject to reimbursement or indemnification from such collateral sources. Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure his right to any such benefits or that recovery from the defendant is subject to a lien or that a provider of such collateral benefits has a statutory right of recovery against the plaintiff as reimbursement for such benefits or that the provider of such benefits has a right of subrogation to the rights of the plaintiff in the medical malpractice action.
B. Evidence introduced pursuant to this section shall be admissible for the purpose of considering the damages claimed by the plaintiff and shall be accorded such weight as the trier of the facts chooses to give it.
C. Unless otherwise expressly permitted to do so by statute, no provider of collateral benefits, as described in subsection A, shall recover any amount against the plaintiff as reimbursement for such benefits nor shall such provider be subrogated to the rights of the plaintiff.
12-566 Health care actions; complaint; specific amount of damages not to be stated
In any medical malpractice action against a licensed health care provider, no dollar amount or figure shall be included in the complaint, but the complaint may include a statement reciting that the minimum jurisdictional amount established for filing the action is satisfied.
12-568 Review of attorneys' fees in health care actions; guidelines
A. The court shall, at the request of any party in any action under this chapter, determine the reasonableness of each party's attorneys' fees. The court shall take into consideration the following:
1. The time and labor required, the novelty and difficulty of the questions involved and the skill requisite to perform the legal services properly.
2. The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer.
3. The fee customarily charged in the locality for similar legal services.
4. The amount involved and the results obtained.
5. The time limitations imposed by the client or by the circumstances.
6. The nature and length of the professional relationship with the client.
7. The experience, reputation and ability of the lawyer or lawyers performing the services.
8. Whether the fee is fixed or contingent.
B. In the event that any party requests a determination of the reasonableness of a party's attorneys' fees pursuant to subsection A, the court shall complete such determination within twenty days of the request.
12-569 Non-admissibility of certain types of evidence relating to professional liability insurance
During the trial of a medical malpractice action against a licensed health care provider or during the course of any hearing or review conducted pursuant to section 12-567, evidence that any party or that any witness testifying in such trial, hearing, or review proceeding has been or is covered by a professional liability insurance policy issued by a health care insurer established pursuant to title 20, chapter 7, article 2 or that such party or witness has a financial interest in the operation of such a health care insurer arising as a result of the ownership of stock, a policy or policies of insurance, notes, including contributed surplus notes, any other evidence of indebtedness, or otherwise, shall not be received in evidence for any purpose.
12-570 Malpractice settlement or award reporting; civil penalty; definition
A. If a medical malpractice action or an action brought under section 46-455 against a nursing care institution is settled or a court enters a monetary judgment:
1. The professional liability insurers shall provide the defendant's health profession regulatory board with all information required to be filed with the national practitioner data bank pursuant to Public Law 99-660. In the case of an action brought under section 46-455 against a nursing care institution, the information shall be provided to the department of health services.
2. The plaintiff's attorney shall provide the defendant's health profession regulatory board, or, in the case of an action brought against a nursing care institution, the department of health services, with the notice described in subsection B of this section, a copy of the complaint and a copy of either the agreed terms of settlement or the judgment. The attorney shall provide this notice and these documents within thirty days after a settlement is reached or a judgment is entered.
B. The notice required by subsection A of this section shall contain the following information:
1. The name and address of each defendant.
2. The name, date of birth and address of each plaintiff.
3. The date and location of the occurrence which created the claim.
4. A statement specifying the nature of the occurrence resulting in the malpractice action.
5. A copy of all expert witness depositions, a transcript of all expert witness court testimony or a written evaluation of the case by an expert witness.
C. The notice required by subsection A of this section is not discoverable and not admissible as evidence.
D. An attorney who does not supply the information required by subsections A and B of this section within thirty days after the notice of settlement or judgment is due under subsection A of this section is subject to a civil penalty of five hundred dollars.
E. A confidentiality clause in a settlement agreement does not apply to the reporting requirements of this section.
F. For the purposes of this section, "health profession regulatory board" has the same meaning prescribed in section 32-3201.
12-571 Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses
A. A health professional, as defined in section 32-3201, who provides medical or dental treatment within the scope of the health professional's certificate or license at a nonprofit clinic where neither the professional nor the clinic receives compensation for any treatment provided at the clinic is not liable in a medical malpractice action, unless such health professional was grossly negligent.
B. A health professional who, within the professional's scope of practice, provides previously owned prescription eyeglasses free of charge through a charitable, nonprofit or fraternal organization is not liable for an injury to the recipient if the recipient or the recipient's parent or legal guardian has signed a medical malpractice release form and the injury is not a direct result of the health professional's intentional misconduct or gross negligence. For purposes of this subsection, "medical malpractice release form" means a document that the recipient or the recipient's parent or legal guardian signs before the recipient receives eyeglasses pursuant to this subsection to acknowledge that the eyeglasses were not made specifically for the recipient and to accept full responsibility for the recipient's eye safety.
Article 2 Periodic Payments
12-581 Definitions
12-582 Election of periodic payments
12-583 Good cause hearing
12-584 Special findings; future damages
12-585 Evidence of future damages
12-586 Entering a judgment for future damages
12-587 Funding judgments for periodic installments
12-588 Form of funding
12-589 Discounting future damages to present value
12-590 Effect of death on periodic installments
12-591 Assignment of periodic installments
12-592 Exemption of benefits
12-593 Duties of the director of the department of insurance and insurance companies
12-594 Arbitration and settlement agreements
Do you have suggestions or a link?
Please let us know.
We constantly are developing new and improved content for this site and welcome your suggestions. If you have information or links relating to labor and delivery malpractice or birth injuries medical malpractice, gastric bypass surgery malpractice, lasik eye surgery malpractice or any other type of medical malpractice, surgical malpractice, healthcare malpractice, or professional negligence that you would like us to share with others through HurtbyaDoctor.com, please click here to let us know. We always are open to your suggestions.
Where may we take you?
To return to the Statutes of Limitations by State page, Click Here.
If you or a loved one has been the victim of any type of malpractice, act now, Click Here.
To return the the Hurt by a Doctor homepage, Click Here.
