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How long do you have to file for medical malpractice against a Dr., after surgery?

2 Answers. Asked on Mar 04th, 2012 on Medical Malpractice - Arizona
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John J. Ratkowitz, Esq. at John J. Ratkowitz
Licenced in NJ
Answered on Mar 06th, 2012 at 12:29 PM

The statute of limitations is governed by state law, so you would have to ask a local AZ attorney. In New Jersey, it is two years from the date that you knew, or should have known that a doctor was negligent. The statute of limitatons can be tolled in certain circumstances, so contact a local malpractice attorney and run the facts by him.

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Answered on Mar 06th, 2012 at 10:30 AM

It appears that, in general, you have three years from the date of the injury in Arizona.  However, many circumstances may alter this limitation period is is recommended that you act fast and consult a local attorney if you believe you have a medical malpractice case.  For example, you may have a longer period of time or the time may not start running until you found out about the injury.  This all needs to be evaluated on a case-by-case basis.  Medical malpractice cases are extremely complicated and require the hiring of expert witnesses.  State laws put lots of restraints on bringing suits against health-care providers so it is recommended that you consult a local Arizona attorney to better advise you of the state laws.  A local attorney can also evaluate your potential case and determine the statue of limitations. I hope this helps. Good luck!

NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. 

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Medical Malpractice
Have you been injured as a result of a doctor, nurse or other healthcare provider's mistake, misdiagnosis or professional negligence? If so, you may be entitled to compensation for your injuries under your state's medical malpractice and personal injury laws. Medical malpractice claims can arise from a doctor's failure to diagnose a health condition, misdiagnosis, medication error, negligent behavior or mistake during childbirth that causes birth defects. Medical malpractice attorneys can review your medical records and help determine whether your have grounds for a lawsuit. If appropriate, your lawyers can file a lawsuit, attempt to negotiate a settlement on your behalf and represent you during trial, if a settlement can't be reached.
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