Surgical Error Claims in Arizona
Victory Legal Solutions supports victims of surgical malpractice in Arizona and connects them with attorneys who fight for justice.
We know that medical institutions have teams of lawyers on their side. That’s why we make sure you don’t face this battle alone — especially if you’re from a low-income or underserved community.
Common Types of Surgical Mistakes
Common examples include:
- Wrong site surgery
- Leaving tools or sponges inside the body
- Infections from poor sanitation
- Anesthesia errors that cause pain or brain damage
- Uncontrolled bleeding or internal injuries
- Failure to monitor during or after the procedure
Signs You May Be a Victim of Surgical Malpractice
- You woke up with unexpected symptoms or complications
- You needed another surgery to fix a mistake
- You got an infection right after surgery
- You were rushed out too soon and ended up back in the hospital
- You were never told about the risks or options
Surgical Error Claims in Arizona: How We Help Victims
- Help you get a second opinion or review of your records
- Connect you with Arizona medical malpractice lawyers who specialize in surgical errors
- Assist with filing your claim
- Help you seek money for additional surgeries, lost work, and pain
Arizona Surgical Error Claims: FAQs
How long do I have to file a surgical malpractice case in Arizona?
Most cases must be filed within two years of when the claim accrues. Arizona follows a discovery rule, meaning the clock starts when you knew or reasonably should have known that malpractice caused your injury.
If the hospital or provider is a public entity, you must first serve a Notice of Claim within 180 days and then file suit within one year of accrual. Deadlines for minors and legally incapacitated people can differ.
Does a Arizona surgical error claim require a medical expert?
Almost always, es. Arizona law typically requires a Preliminary Expert Opinion Affidavit early in the case (A.R.S. § 12-2603), and the expert must meet same-specialty qualifications (A.R.S. § 12-2604). Courts dismiss cases that don’t comply. The Arizona Supreme Court also held in 2024 that you still need expert testimony even for “failure to warn/informed consent” claims.
Are certain surgical mistakes (like wrong-site surgery or a sponge left inside) treated differently?
In some scenarios, Arizona courts allow an inference of negligence under res ipsa loquitur—for example, foreign objects left in the body or similar “never events.” This can ease proof of negligence, though you may still need experts for causation and damages.
Are there damage caps for surgical error claims in Arizona?
No. The Arizona Constitution prohibits laws that limit damages for injury or death, so there are no statutory caps on compensatory damages in medical malpractice cases.
Who pays if multiple providers made mistakes during my surgery?
Arizona uses several-only liability: each defendant generally pays only their percentage of fault (with limited exceptions). Fault can be allocated among the surgeon, anesthesiologist, hospital, or others based on evidence.
No Upfront Fees. No Risk.
You don’t need to worry about legal costs. We only get paid if you win.
If a surgical mistake has affected your life or health, don’t wait to get answers.
Call Victory Legal Solutions now for a free case review.