Statute of Limitations |
Medical Claim Generally:A medical malpractice claim “shall be commenced and prosecuted within two years after the cause of action accrue” [Ariz. Rev. Stat. Ann. § 12-542] However, Arizona applies the discovery rule where the two years begins when a reasonable person is put on notice to investigate whether the injury had been wrongly afflicted [Walking v. Ring, (2002)] Minors:Minors have until they turn 20 years old to bring an action [Ariz. Rev. Stat. Ann. § 12-502] Wrongful death:There are no specific provisions on wrongful death |
Damage Caps |
Arizona’s constitution prohibits damage caps [Ariz. Const. art. 2, § 31.] |
Attorney Fee Caps |
Arizona currently has no attorney fee caps |
Pre-suit Requirements |
“If the claimant or the party designating a nonparty at fault or its attorney certifies pursuant to subsection H of this section that expert opinion testimony is necessary, the claimant shall serve a preliminary expert opinion affidavit with the initial disclosures that are required by rule 26.1, Arizona rules of civil procedure” [Ariz. Rev. Stat. § 12-2603]. There are no pre-suit notice requirements. |
Expert Qualifications |
An expert must meet the following criteria:
1. If the party against whom or on whose behalf the testimony is offered is or claims to be a specialist, specializes at the time of the occurrence that is the basis for the action in the same specialty or claimed specialty as the party against whom or on whose behalf the testimony is offered. If the party against whom or on whose behalf the testimony is offered is or claims to be a specialist who is board certified, the expert witness shall be a specialist who is board certified in that specialty or claimed specialty. 2. During the year immediately preceding the occurrence giving rise to the lawsuit, devoted a majority of the person’s professional time to either or both of the following: (a) The active clinical practice of the same health profession as the defendant and, if the defendant is or claims to be a specialist, in the same specialty or claimed specialty. (b) The instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant and, if the defendant is or claims to be a specialist, in an accredited health professional school or accredited residency or clinical research program in the same specialty or claimed specialty. [Ariz. Rev. Stat. § 12-2406] |
Negligent Credentialing Claims |
Arizona courts have clarified that Ariz. Rev. Stat. establishes that not all information related to credentialing is protected. [Humana Hosp. Desert Valley v. Superior Ct. of Arizona In & For Maricopa Cnty. (Ct. App. 1987)] However, there is no separate cause of action for negligent credentialing in Arizona and negligent credentialing is pursued under a general corporate negligence claim. |
