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Statute of Limitations

Actions must be brought within 2 years discovery of the malpractice. Wrongful death cases must be brought within 2 years of the date of death.

Comparative or contributory negligence

Pure comparative negligence

Nature of accused's liability

Arizona has allocates liability in proportion to the effect of a defendant's action on the whole, except where defendant's have acted in concert.

Law of contribution

No right of contribution, unless the case conforms to liability exceptions.

Expert testimony standards

Expert testimony is generally necessary, unless gross negligence is obvious.

Limits on compensation

None

Limits on attorney fees

None

Collateral Source rule enforced

The defendant may introduce evidence of collateral payments received by the claimant, who in turn may introduce evidence of payments made to receive benefits. The judge of jury will then weigh the collateral payments in damages

State and local health care providers immune from liabaility

Arizona State employees are not immune, unless the care give was in a not for proft clinic where neither provider nor clinic receive payment. The non profit provider is not immune however if the practitioner is grossly negligent.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability