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My wife's "Time Limit" regarding her filing with an attorney, has, in my opinion been EXTENDED due to her constant pain.
Anonymous8 views6 answers
My wife, 63 years of age, had NOT had her "last follow up" with the surgeon that performed the spinal surgery on her that was in October 2013 and now she is in constant pain, she leans way too far forward from the upper body brace which was attached to the halo she had to wear. Her cervical and thoracic vertebrae are extremely exposed and raised above the rest of her body, somewhat like a dinosaur's back. Not sure exactly how to verbalize this description. I had come to this website for help. At first, I was informed the filing time limit is two years which is running out We called the Doctor's Office because of her pains from the surgery, and, yesterday she had a spinal tap at the same hospital she had been operated on for her spine in the first place. Her "original" surgeon quit his job.
Very sorry to hear about your wife's issues in treatment. Hope that things are getting better with proper diagnosis and care. Based on facts, consider consult with medical malpractice attorney in our jurisdiction, sooner rather than later - like NOW. Per ARS §12-542 the Statute of Limitations here in AZ for Medical Malpractice is 2 yrs, with very limited exceptions or tolling based on when injured individual knew or / should have known of injury. Do not wander into an area where the 1st defense to the medical malpractice claims and suit will be that Statute of Limitations has or may have expired. Do not allow defense to open that door. Get the Statue of Limitations protected now by filing suit to preserve rights and best interests now. If not, then you may be time barred and not be able to get to the real issues and other difficulties moving forward with potential suit. Unclear on what your wife's actual damages are at this time based on facts (short / long term and/or permanence) - however, you should timely protect your best interests moving forward in all aspects - consider consult with a medical malpractice attorney in our jurisdiction with the specifics of matter and for medical file review. Click on "Find A Lawyer" tab above and you will be able to figure out best options. Moving forward, the costs of bringing a medical malpractice case run high / quickly and many times make it cost prohibitive based on injury / damages and outcome. Great that you are alert to rights and responsibilities of all parties involved. Certainly have rights and options. Regarding medical malpractice, generally it is is professional negligence: 1) caused by health care provider's act or omission where treatment provided falls below accepted standard of practice in the medical community; AND 2) causes injury or death to the patient, with most cases involving medical error.
If, for some reason, you decide to communicate your concerns to treating health care provider(s), do so in writing, now rather than later. Document everything in writing to create paper trail to support claim(s) on your behalf or others. You may also wish to contact (in writing) Medical Provider's Administration (if there is one) and report the incident to internal investigation and review. Or, can contact the State Department of Health and/or Education to report the incident.
I'm notsure exactly what you are asking, but if it is whether you are outside the time limit to bring a claim in Arizona, I think you are within it, based on the facts you shared here.
The time limit for filing a lawsuit for medical practice in the state of Arizona is two years. It is two years from when you knew or should have known that error was committed. This is going to be a fact question. It may be too late. I would reach out to a malpractice lawyer promptly to assist you with this evaluation.
In a medical malpractice case, you have the burden to prove with expert medical testimony that a breach of the standard of care occurred that resulted in injury. I recommend you consult with an attorney to investigate the matter for you. I wish you the best.
The statute of limitations is also two years for personal injury. Whether medical malpractice or some other type of injury, the time limit is 2 years from the date of the incident or from the date it was discovered.
Under Arizona law the time for filing a lawsuit is 2 years from the date of injury or from when the patient knew or should have known of the injuries. I would not wait and consult with a medical malpractice attorney immediately. Medical malpractice cases are generally expensive to prosecute and another like kind doctor will be required to provide an opinion that the first doctor's care fell below the standard of care.
