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Medical Malpractice
Medical Malpractice Lawyer in Arizona
Not every bad medical outcome is malpractice, but when a provider’s care falls below the accepted standard and causes real harm, Arizona law gives you a path to hold them accountable.
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What Do You Have to Prove in a Medical Malpractice Case?
Quick answer: You generally must show a doctor-patient relationship existed, the provider’s care fell below the accepted standard of care for that type of medical situation, that failure directly caused your injury, and you suffered real, measurable damages as a result. Expert medical testimony is almost always required to establish what the standard of care was and how the provider fell short of it.
On This Page
What Counts as Malpractice
Misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia errors, and failure to obtain informed consent are among the most common forms of medical malpractice. The common thread is care that fell below what a reasonably competent provider in the same specialty would have done under similar circumstances.
Awards & Recognition
Founding Partners Michael Tamou and Simon Touma’s medical malpractice litigation work has been independently recognized, earned, never purchased.
Why Expert Testimony Is Essential
Medical malpractice cases almost always require a qualified medical expert to establish the standard of care and explain how the defendant’s treatment fell short of it. Without credible expert support, even a case with a genuinely bad outcome is difficult to win, this is one of the most technical and evidence-intensive areas of personal injury law.
Bad Outcome vs. Malpractice
Medicine involves real risk, and a poor outcome alone does not prove negligence. A surgery can be performed correctly and still result in complications. The legal question is always whether the provider met the accepted standard of care, not whether the outcome was good or bad.
Deadline to File
Medical malpractice claims are generally subject to Arizona’s two-year statute of limitations under A.R.S. § 12-542, though the clock can start when the injury was discovered or reasonably should have been discovered, rather than the date of treatment, in some circumstances. Claims involving a public hospital or provider require a 180-day Notice of Claim under A.R.S. § 12-821.01.
Harmed by a medical provider’s negligence in Arizona? Talk to our litigation team before you respond.
Call 602-932-6010What You Can Recover
Remedies & Damages
Arizona law allows recovery for the full financial and personal impact of a provider’s negligence.
Economic Damages
Additional medical costsPast & future
Lost wages & earning capacityPast & future
Non-Economic Damages
Pain and sufferingCase-specific
Permanent disabilityCase-specific
In Fatal Cases
Wrongful death damagesSee our wrongful death page
These Cases Require Real Medical Records Analysis
A thorough review of your full medical record, not just the treatment in question, is usually the first real step in evaluating a malpractice claim.
How These Disputes Get Resolved
Litigation Strategy
Common Defenses in Medical Malpractice Cases
Standard of care disputes: arguing the treatment was within accepted medical practice.
Causation disputes: claiming your condition, not the treatment, caused the harm.
Informed consent defenses: arguing you were warned of and accepted the risk.
Common Questions
Medical Malpractice Lawyer in Arizona FAQs
Does a bad medical outcome automatically mean malpractice?
No. Malpractice requires showing the provider’s care fell below the accepted standard of care and that the failure caused your injury, not just that the outcome was poor.
Do I need an expert witness for a malpractice case?
Almost always. Expert medical testimony is typically required to establish what the standard of care was and how the provider failed to meet it.
How long do I have to file a medical malpractice claim in Arizona?
Generally two years under A.R.S. § 12-542, though the clock may start at discovery of the injury in some cases. Claims against public hospitals or providers require a 180-day Notice of Claim.
Can I sue a hospital, not just the individual doctor?
Depending on the facts, a hospital can be liable for its own negligence (staffing, protocols) or for the actions of employed staff, separate from an individual physician’s liability.
What records should I gather before speaking with an attorney?
As complete a set of your medical records as possible, including records from before and after the treatment in question, helps an attorney evaluate the case accurately.
Key Takeaways
- A bad outcome alone is not malpractice, the standard of care and causation both have to be proven.
- Expert medical testimony is almost always required to support the claim.
- The statute of limitations can run from discovery of the injury, not just the date of treatment.
- Claims against public hospitals or providers require an early Notice of Claim.
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Arizona Litigation Group · Phoenix Office
The information on this page is for general informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this page or submitting a contact form. Past results do not guarantee a similar outcome.
