What Is the Arizona Medical Malpractice Statute of Limitations?

If you're thinking about taking legal action over harm caused by a doctor (or any other health care professional) in Arizona, one of the first things to understand is the statute of limitations deadline for getting a medical malpractice lawsuit filed in the state, and how this law applies to your situation.

What Is a Medical Malpractice Statute of Limitations?

A "statute of limitations" is a law that sets a limit on the amount of time you have to file a civil lawsuit after you've suffered some type of harm or loss. There are different deadlines depending on the kind of case you want to file.

Arizona's statute of limitations for medical malpractice lawsuits can be found at Arizona Revised Statutes section 12-542(1), which says that a legal action alleging malpractice by a health care professional or care facility must be filed within two years.

When Does the "Clock" Start Running In Arizona?

The official word in the statute is that you have two years to file your medical malpractice lawsuit in Arizona's court system, beginning "after the cause of action accrues." In plain English, this means the clock typically starts running on the day a health care provider makes a mistake in treating you, and you're harmed by it. This is straightforward enough when the doctor's mistake is clear, and you learn about it right away. But what if the error (or your injury) isn't so obvious?

Arizona Follows the "Discovery" Rule In Medical Malpractice Cases

Under what's known as the "discovery rule," Arizona courts have held that "the cause of action accrues" for purposes of a medical malpractice case when the plaintiff (the patient who's suing) knows, or should reasonably know, that a negligent medical error caused the patient's injuries or losses.

Keep in mind that when you are relying on the discovery rule, it will be up to you to prove that you didn't learn that you had a medical malpractice claim—and couldn't have discovered that if you had exercised reasonable diligence—until less than two years before you filed your lawsuit. That may be difficult to prove if, for example, you experienced unexpected medical problems after treatment that should have alerted you to the possibility of your doctor's negligence, but you didn't investigate or take action for more than two years.

Can the Medical Malpractice Lawsuit Deadline Be Extended In Arizona?

There are limited circumstances that will effectively extend the two-year deadline for filing a medical malpractice suit. For instance, the "clock" will likely be paused (or "tolled" in legal jargon) while:

• the injured patient is under the age of 18
• the injured patient is mentally disabled, or
• the health care provider is outside the state of Arizona (so they can't be served with the lawsuit).

What Happens If I Miss the Statute of Limitations Deadline In Arizona?

Unless one of the above exceptions applies, if you file your lawsuit more than two years after the medical error happened, the health care provider you're trying to sue will likely file a motion asking the court to dismiss the case. And if the judge finds that you waited too long, your case will almost certainly be dismissed.

Bottom line: It's critical that you pay attention to the two-year statute of limitations and speak to a lawyer as soon as you have reason to believe you may have suffered harm because of medical malpractice in Arizona. Learn more about how a medical malpractice lawyer can help your case.