Are You Considering a Medical Malpractice Claim? Our Phoenix Personal Injury Lawyers Can Help You Review Your Options

Medical Malpractice Lawyers in Phoenix

More Than 60 Years of Combined Experience

We often place both trust and the lives of ourselves and others in the hands of doctors and medical practitioners. When these healthcare professionals act in a negligent manner, they can be at fault for serious, life-changing injuries, or even death.

At Montoya, Lucero & Pastor, P.A. , we have more than 60 years of combined experience fighting for justice for victims of medical malpractice. Our Phoenix personal injury lawyer believes that doctors and other medical staff must be held responsible for their actions, and is dedicated to helping our clients receive everything that they are entitled to under the law.

Arizona Statute of Limitations for Medical Malpractice Cases

A statute of limitations is a time limit that is set which limits your from pursuing legal action after a certain amount of time has lapsed. In the case of medical malpractice claims, Arizona allows the injured party up to 2 years to file a claim after they know (or should have known) about the responsible party's error (Arizona Revised Statutes section 12-542).

If you fail to start the claim process within the designated 2 years, your case will most likely be dismissed.

Exceptions to the Statute of Limitations

There are a few exceptions to Arizona's statute of limitations for medical malpractice lawsuits:

  • The two-year deadline for minors does not begin running until their 18th birthday
  • There is an exception to the statute if the responsible party left the state after committing the malpractice
  • Another exception is given for victims who are mentally ill or mentally disabled

We represent all types of medical malpractice cases, including but not limited to:

  • Surgical errors
  • Misdiagnosis
  • Failure to diagnose
  • Birth injuries
  • Medication errors
  • Anesthesia errors

Arizona Damage Caps for Medical Malpractice Lawsuits

Many states enforce damage caps (a limit on how much financial compensation an individual can receive for non-monetary damages, such as pain and suffering). However, Arizona does not enforce damage caps for medical malpractice cases. This means that you may be eligible to receive maximum compensation for any damages that occurred as a result of medical malpractice.

Do I Need a Medical Expert Witness for My Malpractice Claim?

The state of Arizona requires the plaintiff's attorney to determine whether or not they believe their client's case requires expert medical testimony in order to go to court. If they determine that expert testimony is required, they will help you gather medical testimony to prove the malpractice issue. If they assert that testimony is not required, the defendent's lawyer may disagree and require the plaintiff to still submit medical proof in order to proceed with their claim.

If you are uncertain about how you should go about proving that your injury was a result of medical malpractice, our firm can help. Contact us today to discuss your case!

Creating a Strong, Detailed Case

Our law firm is dedicated to providing comprehensive and professional services, while using our commitment to client satisfaction to build long-term, trusting relationships. From start to finish, we are at your side throughout every step of the legal process, answering questions and representing you in the manner that you deserve. When you call our office, we will discuss your case, let you know your rights, and, if we believe that you have cause for action, create an agreement to work together. We will then immediately begin collecting and preserving detailed evidence to strongly support your medical malpractice claim. After this, our attorneys will pursue the best course of action in your particular situation, whether it is negotiating a fair settlement or fighting to win your case in court.

With a wealth of experience in personal injury cases amongst our lawyers and constant, personalized attention to your needs, our goal is to resolve your case as soon as possible and allow you to return to normal life again. Our lawyers are committed to fighting aggressively for you and it is obvious in everything that we do. In fact, we work using the contingency fee system. Simply put, you don't pay us unless we achieve a recovery.

Contact Montoya, Lucero & Pastor, P.A. today and schedule your consultation!