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Understanding Arizona's medical malpractice laws

Understanding Arizona's medical malpractice laws

At the Law Office of JoJene Mills, P.C., in Tucson, Arizona, we understand that medical malpractice is a serious public health issue. That is why our mission is to hold doctors and other health care professionals accountable for medical negligence that results in injury to or the death of their patients.

If you are an Arizona resident who has suffered an injury or the death of a loved one due to the negligence of a health care professional, you are entitled to bring a medical malpractice suit against the professional and/or the health care facility involved. Sections 12-561 and 12-562 of the Arizona Statutes provides that such a suit may be brought against a licensed health care provider based on one or more of the following grounds:

  • Negligence
  • Misconduct
  • Errors or omissions
  • Breach of contract

Your medical malpractice suit may not be based on an alleged assault and battery. In addition, if you are alleging breach of contract, the contract for professional services must be in writing.

Types of medical malpractice actions

Medical malpractice can occur in a wide range of circumstances, including the following:

  • Birth injuries
  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Emergency room errors, including failure to properly treat
  • Nursing home abuse and/or neglect

Elements of proof

Arizona Statutes Section 12-563 sets forth the two things that you must prove in a medical malpractice suit in order to prevail. First is that the health care provider did not use the degree of learning, skill and/or care that a prudent professional acting in similar circumstances would be expected to provide. Second is that the provider’s failure to give this level of care was the proximate cause of your injury or the death of your loved one. Both of these elements must be proved by clear and convincing evidence. For more information on this subject, please visit this page of our website.


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