Medical Malpractice in Arizona
When you visit a doctor, hospital, or healthcare provider, you trust that they will provide competent, professional care. When that trust is violated - when a healthcare provider's negligence causes harm - the consequences can be devastating and permanent. Medical malpractice claims are among the most complex areas of personal injury law, and they require an attorney who is prepared for the fight.
At Hoxie Law, Joseph Hoxie personally handles medical malpractice cases with the thoroughness and tenacity these claims demand. You work directly with your attorney, not a case manager.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care and that deviation causes injury to the patient. To establish a medical malpractice claim in Arizona, the following elements must generally be proven:
- Duty: A doctor-patient or provider-patient relationship existed, creating a duty of care
- Breach: The provider failed to meet the accepted standard of care - meaning they did not act as a reasonably competent provider in the same specialty would have acted under similar circumstances
- Causation: The provider's breach of the standard of care directly caused the patient's injury
- Damages: The patient suffered actual, compensable harm as a result
Common Types of Medical Malpractice
- Surgical errors - wrong-site surgery, leaving instruments inside the body, nerve damage during procedures
- Misdiagnosis or delayed diagnosis - failure to identify a condition in time for effective treatment, such as cancer or heart disease
- Medication errors - prescribing the wrong medication, incorrect dosage, or failing to account for drug interactions
- Birth injuries - injuries to the mother or child caused by negligent prenatal, delivery, or postnatal care
- Anesthesia errors - improper dosing, failure to review patient history, or inadequate monitoring during procedures
- Failure to obtain informed consent - performing a procedure without adequately explaining the risks to the patient
- Emergency room negligence - failure to properly assess, diagnose, or treat patients in emergency settings
Arizona Medical Malpractice Law
Medical malpractice claims in Arizona are subject to specific rules and procedural requirements that differ from other personal injury cases:
- Expert testimony: Arizona generally requires expert medical testimony to establish the standard of care, the provider's breach, and causation. The expert must typically be qualified in the same or a related medical specialty.
- Preliminary expert opinion affidavit: Arizona may require a preliminary expert opinion affidavit in medical malpractice cases.
- Statute of limitations: Medical malpractice claims in Arizona are generally subject to a two-year statute of limitations from the date the patient knew or should have known of the injury (A.R.S. § 12-542). Discovery rules may affect when this period begins.
- Comparative negligence: Arizona's pure comparative fault rule applies. If the patient's own actions contributed to the injury, damages may be reduced proportionally.
- Damages: Arizona does not currently cap non-economic damages in medical malpractice cases, unlike many other states.
Medical malpractice cases require extensive investigation, medical record review, and expert consultation. Hoxie Law works with qualified medical experts to build a thorough case that demonstrates exactly how the provider's negligence harmed you.
There is no fee unless we win. Call or text Joseph directly at (480) 896-1040.
