Every medical malpractice claim in Arizona is governed by a statute of limitations.
A statute of limitations (SOL) is exactly that – a statute (a law) which limits the time within which some action must be taken in order to preserve a claim. That action usually involves filing a lawsuit against, or providing notice to, a negligent health care provider, and/or his or her employer, alleging medical malpractice. If the appropriate action is not taken within the time provided by the SOL, the claim is lost forever. The SOL on a medical malpractice claim in Arizona begins to run when an injured person, or in a claim involving death, a relative entitled to bring a lawsuit, – a claimant – knew or reasonably should have known an injury or death was caused by the negligence of a health care provider. I’ll call this the date of injury or DOI.
There are many statutes of limitations that affect Arizona medical malpractice claims. Some can be very short.
Claims Against Non-Government Entities
Generally speaking, the SOL governing most medical malpractice claims involving non-government entities is two years, meaning a claimant has two years from the DOI to file a lawsuit. You can read that SOL here,
Claims Against Government Entities
Where a public employee at the State or more local level is involved, such as a nurse at a county medical center, a SOL requires a claimant to first file what is called a “notice of claim” against the government entity that employs that person. This must be done within 180 days of the DOI. You can read that statute here. If the claim is rejected, another SOL requires a lawsuit to be filed within one year of the DOI. You can read that SOL here.
When a claim involves a public employee of the federal government, a notice of claim must be filed within 2 years. You can read that statute here. The government has six months to deny the claim before a lawsuit can be filed. If the government denies the claim, a lawsuit must be filed within six months of a denial of the claim. If the claim is not denied, it can be filed at any time in the future. You can read that statute here.
Claims Involving Minors
The statute of limitations is tolled, in other words it does not begin to run, until an injured person is 18 years old. This includes claims by a minor for the wrongful death of parent. However, it does not toll wrongful death claims for others simply because a minor might also be a claimant. Finally, it is also tolled during a period of time when a person is not mentally competent.
Do Not Wait until the Last Minute
Medical negligence claims are generally complex and take some time to fully evaluate before a lawsuit can be filed. If there is not sufficient time to prepare, it may be difficult or impossible to sue all the necessary parties in time and the ability to obtain a complete recovery, or even any recovery, can be lost. I always tell folks to act as quickly when they believe they or a loved on has been harmed by medical negligence.
