Not every bad outcome in the medical field is malpractice. Medicine involves risk, and even good doctors can’t guarantee a positive outcome.
But when a healthcare provider fails to follow the accepted standard of care (the level of skill and attention another qualified provider would have used in the same situation) and that failure causes harm, it may be medical malpractice.
You trusted your doctors to make you better, not worse. Now you’re left with pain, uncertainty, and growing medical bills that don’t make sense. It’s natural to feel angry and lost when no one takes responsibility for what happened.
At Miller Kory Rowe, our medical malpractice lawyers help Arizona families uncover the truth, hold providers accountable, and move forward with confidence and support.
Arizona’s Legal Definition and Requirements
Medical malpractice in Arizona is defined by A.R.S. §12-561 through §12-573. These laws establish what patients must prove to hold a medical professional or facility responsible. To win a claim, the patient must show:
- The provider owed a duty of care.
- The provider breached that duty by failing to act as a reasonable professional would.
- The breach caused injury or death.
- The patient suffered damages as a result.
Unlike some states, Arizona law doesn’t allow patients to simply claim a mistake occurred. They must present evidence, typically through expert testimony, that the provider’s care fell below medical standards.
What Counts as Medical Malpractice in Arizona
Common examples include:
- Surgical errors, such as leaving instruments inside the body or operating on the wrong site
- Medication mistakes or incorrect dosages
- Delayed or missed diagnoses that allow conditions to worsen
- Birth injuries caused by improper monitoring or delivery techniques
- Failure to obtain informed consent before a procedure
In short, malpractice happens when negligence turns a medical visit into a lifelong injury or worse.
That process creates accountability. It prevents insurance companies from delaying, denying, or ignoring legitimate claims. It also gives you and your attorney access to documents, testimony, and expert opinions that can make the difference between an unfair offer and a just result.
The Statute of Limitations of Medical Malpractice
in Arizona
Timing is crucial. In most cases, Arizona gives patients two years from the date of injury, or from when they reasonably discovered the injury, to file a medical malpractice lawsuit (A.R.S. §12-542).
Some exceptions apply:
- Minors: The clock generally starts running once the child turns 18.
- Discovery rule: If you didn’t realize negligence occurred until later (for example, a surgical sponge discovered years after surgery), the two-year period begins when the injury is discovered or should have been discovered through reasonable diligence.
Waiting too long can permanently bar your claim, no matter how strong the evidence is. That’s why it’s essential to speak with an experienced malpractice attorney as soon as you suspect wrongdoing.
The Expert Affidavit Requirement
Arizona requires more than just filing a complaint. Medical malpractice cases must be supported by credible medical evidence from the very beginning.
Under A.R.S. §12-2603, anyone filing a malpractice lawsuit must also submit a preliminary expert affidavit. This affidavit is a sworn statement from a qualified medical professional who has reviewed the facts and believes that negligence likely occurred.
This expert must:
Practice in the same specialty as the defendant
Have recent, active experience in that field
Clearly explain how the care provided fell below accepted medical standards
The affidavit serves as proof that the claim has a legitimate medical basis, not just an allegation of wrongdoing. It helps the court filter out unsupported cases and ensures that valid claims move forward efficiently.
If this affidavit isn’t filed or doesn’t meet the legal requirements, the court can dismiss the case entirely. That’s why it’s crucial for patients to act quickly and work with professionals who understand the specific documentation and expert testimony Arizona law requires
What to Expect When Filing a Medical Malpractice Lawsuit
Filing a lawsuit might sound intimidating, but with the right legal team, it becomes a clear, structured process. Before taking action, it helps to understand what you can do right now to protect your claim. Learn more in our guide on how to protect your medical malpractice case in Phoenix.
Here’s what typically happens:
- Case Review and Record Gathering
Your attorney collects all medical records, bills, and related documentation to understand exactly what went wrong. - Expert Evaluation
Medical experts analyze the care you received and determine whether it violated the standard of care. - Filing the Complaint
The lawsuit is formally filed in court, naming the provider, hospital, or other responsible parties. - Discovery Phase
Both sides exchange information, question witnesses, and review medical evidence. - Mediation or Settlement Negotiations
Many cases resolve without trial through negotiation or alternative dispute resolution. - Trial
If no fair settlement is reached, your case goes before a judge or jury, where evidence and expert testimony are presented.
Throughout every stage, the attorneys at Miller Kory Rowe handle the legal and technical details so you can focus on healing and moving forward.
Proving Negligence: The Core of Every Case
To win a medical malpractice lawsuit, four elements must be proven:
Duty: The provider had a professional responsibility to care for you.
Breach: They failed to meet accepted medical standards.
Causation: Their mistake directly caused harm or death.
Damages: You suffered measurable losses, such as medical bills, lost wages, or pain and suffering.
Because proving causation can be complex, expert testimony often becomes the deciding factor in these cases.
Damages You Can Recover in Arizona Medical Malpractice
Arizona law allows victims of medical negligence to pursue economic and non-economic damages.
Economic damages include:
- Past and future medical expenses
- Rehabilitation or long-term care costs
- Lost wages or loss of earning capacity
Non-economic damages cover:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship in wrongful death cases
Importantly, Arizona does not impose caps on medical malpractice damages. Each case is evaluated based on its unique facts and the extent of the harm caused.
Common Challenges in Arizona Malpractice Cases
Medical malpractice cases are some of the hardest to prove. Hospitals and insurance companies often have vast resources and legal teams defending them
Challenges can include:
- Proving that negligence, not an underlying condition, caused the injury
- Accessing complete and accurate medical records
- Finding qualified experts willing to testify
- Facing lengthy litigation timelines
Despite these challenges, many patients and families still succeed in holding negligent providers accountable. The key is strong evidence, credible expert testimony, and persistence throughout the legal process. While medical malpractice cases can take time, a well-prepared claim can reveal the truth and help prevent similar harm to others.
“Understanding both medicine and law is crucial for medical malpractice cases. At Miller Kory Rowe, we combine decades of litigation experience with technical backgrounds in physics, engineering, and healthcare to build strong, evidence-based cases.”
— Gabriel V. Kory, Partner, Medical Malpractice Lawyer
What to Expect When You Work with Miller Kory Rowe
From the first consultation to the final resolution, you’ll know exactly what’s happening with your case. You’ve already been through enough. Our role is to shoulder the legal burden and help you move toward recovery with confidence.
Here’s what working with MKR looks like:
FAQs About Medical Malpractice Lawsuits in Arizona
Q: How long do I have to file a medical malpractice claim in Arizona?
Q: Do I need an expert to file a malpractice case?
Q: Can I sue a hospital for a doctor’s mistake?
Q: What if I didn’t realize the mistake until months or years later?
Q: How long do medical malpractice cases usually take?
Contact Our Phoenix Medical Malpractice Attorneys today
Medical malpractice can turn trust into trauma, but you don’t have to face it alone. Arizona law gives you the right to demand answers and accountability when a medical professional’s negligence causes harm.
At Miller Kory Rowe, we treat every case with compassion and precision, using decades of combined experience to uncover the truth and fight for justice.
If you are facing a serious injury and unsure what comes next, reach out to our team. We will explain your options, handle the process, and stand beside you until justice is done.
With offices in Tucson and Phoenix, our firm is uniquely positioned to serve clients across the state of Arizona.
Need help navigating a difficult case? The attorneys at Miller Kory Rowe offer skilled, compassionate support right here in Arizona. Contact us today at (602) 654-1095 for a free initial consultation and review of your case.
