Most Gilbert residents require medical treatment at some point in their lives. While medical professionals typically have the best interests of their patients in mind, mistakes are unfortunately common. A medical error can have permanent effects on a patient who entrusted their health to a doctor or other health care provider.
If you believe you sustained a medical injury due to malpractice, consider contacting a seasoned injury attorney right away. The laws surrounding medical malpractice claims are complex, and you may benefit from the guidance of experienced legal counsel. To learn more about the strength of your case, contact a Gilbert medical malpractice lawyer right away. En Español.
Every state applies a deadline to the filing of a medical malpractice lawsuit, and Arizona is no different. The deadline to file a malpractice case is known as the statute of limitations. The deadline for a Gilbert medical malpractice attorney to file suit can vary, depending on a few factors.
According to Arizona Revised Statutes (A.R.S.) §12-542, a plaintiff must file a malpractice case within two years from the date the malpractice occurs. However, there are some exceptions to that rule. For minors, the two-year period begins to run on the day they turn 18.
Arizona has also adopted a concept known as the “discovery rule.” Under this rule, if the malpractice is not immediately apparent, they have two years from the date they reasonably should have discovered the injury.
In an attempt to deter frivolous medical malpractice claims, Arizona has adopted a statute that requires a medical expert to sign off on a malpractice lawsuit before filing. According to A.R.S. §12-2602, a Gilbert medical error attorney must file a certified affidavit stating whether a medical expert’s testimony is necessary in the case. If an expert is needed, the attorney must attach affidavits from medical experts alleging that the defendant was negligent.
These affidavits are common in most Gilbert medical malpractice lawsuits. While the plaintiff may attest that medical expert testimony is unnecessary, the defendant has the right to object. When that happens, the plaintiff must still establish evidence of negligence through a doctor’s affidavit.
There are other statutes related to the role of an expert in a Gilbert medical malpractice lawsuit. In some cases, the court could prevent an expert witness from providing their opinion about the medical injury.
Under A.R.S. §12-2604, the pool of prospective expert witnesses is limited. A witness may only give expert testimony if they are in the same medical field as the defendant. Additionally, if the defendant is a board-certified specialist, the plaintiff may only call an expert witness who is board certified in the same specialty.
This statute significantly limits the pool of potential experts, which increases the costs associated with pursuing a medical malpractice lawsuit. However, an experienced Gilbert medical malpractice lawyer may have relationships with a wide array of skilled experts.
If you suffered a medical injury due to doctor error, you have the right to pursue a medical malpractice claim. However, the laws surrounding these cases are elaborate and complex. Retaining experienced legal counsel could put you in a better position to pursue the compensation you deserve.
If you are ready to take on the person or entity responsible for your injuries, contact a Gilbert medical malpractice lawyer. To get started, call today and schedule a consultation.