Medical Malpractice Statute of Limitations in Phoenix
Posted on behalf of Phillips Law Group on Oct 28, 2010 in Medical Malpractice
When someone is injured in the course of receiving medical care, that person can suffer immensely and may not even survive the aftermath of such a mistake. When these situations arise, those who have been harmed or the surviving family members need to take action by seeking the help of Phoenix medical malpractice attorneys to protect and enforce their legal rights. However, many people are unsure of when the appropriate time is to take this step. Below is an overview of the statute of limitations as it applies to Arizona medical malpractice lawsuits.
Arizona Statute of Limitations - Medical Malpractice Attorneys
The law in Arizona regarding the statute of limitations for medical malpractice lawsuits is relatively clear. Those who have been injured must file the claim within two years of the date of the injury. This time limit is meant to provide for fair trials, as evidence can become less reliable as more time passes and the recollections of witnesses can become more hazy for the same reasons. In addition, medical practitioners have the right to know when a controversy will not turn into a lawsuit.
Exceptions to the Arizona Medical Malpractice Limitations
There is, however, an exception to this two-year limit. Despite the fact that many medical mistakes lead to serious injuries, not all of these injuries manifest themselves immediately, and not all victims will realize that they have been harmed as soon as a mistake is made. In these situations, a discovery rule could be applied, which means that those who have been harmed do not begin to face this time limit until they discover or should realize that they have been harmed. There are also situations where the statute of limitations can toll if the injured person is a minor.
Therefore, if you or someone you love has been harmed because of a medical mistake, you need to seek the help of Phoenix medical malpractice lawyers who have been holding medical professionals accountable for the harm they have caused for many years. Contact Phillips Law Group today to schedule a free initial consultation.