how to file a medical malpractice case in arizona without a lawyer

How do I sue for medical malpractice in Arizona?

In order to establish a medical malpractice claim in Arizona, you must prove the following 2 elements:The health care provider failed to exercise the degree of care and skill expected of a reasonable health care provider in the profession, and.Such failure was the proximate cause of your injury.

How long do you have to sue for medical malpractice in Arizona?

two yearsArizona's statute of limitations for medical malpractice lawsuits can be found at Arizona Revised Statutes section 12-542(1). It states that a legal action alleging malpractice by a health care professional or care facility must be filed within two years "after the cause of action accrues."

How do I sue a hospital in Arizona?

In order to sue, the patient must prove that they were physically injured or in pain, mentally affected, financially affected (if out of work as a result of the injury or pain) and had to pay higher medical bills.

How do I start a medical negligence claim?

Steps to making a medical negligence claimContact us. The first step to making a medical negligence claim is to get in touch with us. ... Make a complaint. ... Gather evidence to prove medical negligence in a case. ... The case is taken to court.

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

Does Arizona have a medical malpractice cap?

Arizona does not place a cap on the amount of damages recoverable in a medical malpractice action. Article 2, § 31 of the Arizona Constitution prohibits the enactment of any law limiting the damages one may recover for personal injury or death.

What can you claim for medical negligence?

There are many types of medical negligence that may warrant a claim, including;Misdiagnosis or delayed diagnosis.Negligent cosmetic procedures.Mistakes during dental work.Care home negligence.Pressure sore claims.Incorrect surgery.Birth injuries.

How do I make a medical claim?

Documents Required to Claim Health InsurancHealth card.Duly filled claim form.Medical Certificate/ Form which is signed by the treating doctor.Discharge summary or card (original), availed from the hospital.All bills and receipts (original)Prescription and cash memos from pharmacies/ the hospital.More items...

How long does a medical negligence claim take?

A medical negligence claim can take upwards of 18 months to settle, dependant on the complexity of the case. In fact, even in cases where there are similarities, complications and objections can and do arise.

How long does it take to file a medical malpractice claim in Arizona?

In Arizona, a medical malpractice lawsuit must be filed within 2 years of the date the injury is discovered. However, the statute of limitations won’t begin to run until the claimant is 18 years of age. So, if you were 16 years of age when you were injured, the 2 year statute of limitations wouldn’t start to run until you turned 18.

What is the procedural rule for medical malpractice in Arizona?

Arizona has a unique procedural rule that requires plaintiffs in a medical malpractice lawsuit to file a preliminary expert opinion (along with their complaint) explaining the factual basis for each claim against the health care professional, as well as the acts, errors, or omissions that the expert considers to be a violation of the medical standard of care.

What are actual damages?

Actual damages include the cost of additional treatment, loss of wages, loss of future wages, and pain and suffering. Punitive damages. Punitive damages are awarded when medical malpractice is the result of reckless or intentional behavior on the part of the health care professional. Arizona is one of the few states that doesn’t place damage caps ...

What is the 3rd leading cause of death in the US?

A study by Johns Hopkins University suggests that medical errors are the 3rd leading cause of death in the US. A report released by the Institute for Healthcare Improvement and NORC at the University of Chicago found that 21% of people in the US report having personally experienced a medical error .

What is medical malpractice?

Medical malpractice occurs when a patient is harmed because a health care professional deviates from the accepted standard of care. A medical malpractice claim can be brought against any licensed health care professional. Examples of acts that commonly result in medical malpractice claims include:

What is the standard of care in a medical malpractice case?

The standard by which the health care professional is judged is called the “medical standard of care.”.

What is personal injury lawyer?

A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered.

What are the benefits of hiring a medical malpractice lawyer?

Benefits of Hiring a Medical Malpractice Lawyer 1 The at-fault party’s legal team will likely have a lot of experience and be very difficult to counter alone. Your lawyer will have the negotiation and argumentation skills necessary to advocate for your best interests despite the presence of these lawyers. 2 Your case will almost certainly require a medical expert to testify on your behalf. Your lawyer will have access to a network of medical professionals who can provide insight into the at-fault party’s negligent actions and supply evidence to support your case. 3 You may not know how much your case is worth, or the ongoing care you will need following the verdict. Your attorney can accurately calculate your settlement value, partnering with economic and medical experts who can create a long-term care plan for your injuries.

Is self representation a viable option?

While self-representation may seem like a viable option, hiring a lawyer to handle your case can provide a number of benefits that you may not be able to access alone.

What do I need to do before filing a lawsuit?

You (and your attorney) will need a good understanding of the procedural requirements you'll need to meet before (or soon after) filing the lawsuit, including filing a certificate of merit, complying with pre-lawsuit screening, and other special steps.

What to consider when hiring an attorney?

When you're considering any kind of legal action, the decision to hire an attorney or go it alone and represent yourself is one that should be weighed very carefully. In particular, you might focus on two key questions: 1 What's at stake? 2 How complex is the legal territory?

Why is it important to have a lawyer?

First, almost every medical malpractice case turns on whether medical negligence on the part of a doctor (or other health care professional) was the cause of the patient's harm.