No. There are no limits on Arizona medical malpractice awards. That is, courts can issue a damages award for medical practice, so long as it is reasonable and proportionate to the injury or loss of the plaintiff. Some states place "caps" or limits on medical malpractice awards, in order to protect health care providers from frivolous lawsuits. Examples of this are Texas and Illinois.
Arizona’s state constitution actually prohibits any law from being passed with may serve to limit medical malpractice damages awards. On the other hand, plaintiffs still need to prove their damages according to sound evidence and within the statute of limitations (i.e., before the filing deadline).
The statute of limitations for medical malpractice claims in Arizona is 2 years. This means that plaintiffs have two years to file their case. Arizona cases state that the 2-year clock begins "ticking" once the plaintiff’s injury has manifested. If more than 2 years has elapsed since the time of the injury’s manifestation, the plaintiff can no longer file suit for medical malpractice.
Thus, one way for physicians to avoid liability for medical malpractice is to identify whether the 2 year statute of limits has expired or "tolled." For this reason, it’s important that a victim of medical malpractice consult an attorney as soon as they discover an issue or as soon as symptoms begin manifesting.
Arizona has some very strict laws and court rulings that govern lawsuits against health care maintenance organizations (HMOs). In most cases, a person who attempts to sue an HMO for medical practice will likely be redirected to federal courts rather than Arizona state courts. However, patients can still sue individual doctors for medical malpractice in Arizona courts. Thus, a person should consult with a qualified lawyer if they have questions about suing an HMO in the state of Arizona.
Among the different U.S. states, Arizona has some of the most complex laws when it comes to medical malpractice damage awards. If you have any questions or disputes involving medical malpractice in the state of Arizona, you may need to hire a lawyer for assistance. A qualified Arizona attorney can provide you with advice on your legal claim, and can provide representation during any court meetings and hearings.
Last Modified: 06-10-2014 02:16 PM PDTLaw Library Disclaimer
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