When it comes to filing a medical malpractice lawsuit in the state's civil courts, Arizona (like many states) has made the process a little more complicated for the plaintiff (the person filing the case), especially as compared with procedural requirements for other injury-related lawsuits.

Laws like these have been passed as part of wider tort reform efforts, to prevent (or at least dissuade) the filing of claims that meritless (even "frivolous") lawsuits.

An Arizona medical malpractice attorney will have the experience and skills to navigate the procedural rules that must be complied with in order to bring a valid lawsuit, but it always helps to have an understanding of what's in store for your case, so read on for the details.

"Preliminary Expert Opinion Testimony" in Arizona Medical Malpractice Cases

Arizona has a "preliminary expert opinion testimony" requirement for medical malpractice lawsuits. The specifics are laid out in Arizona Revised Statutes section 12-2602, but let's look at the highlights.

If you think you have a medical malpractice case, and you want to file a lawsuit, then along with the initial complaint (that's the document that starts the case and lays out your allegations against the defendant health care provider), you must file a certified written statement declaring whether or not a medical expert’s testimony will be necessary to:

• establish the applicable "standard of care" for the case (that’s the professional yardstick against which the defendant’s conduct will be judged; what level of care would a similarly-skilled health care professional have provided under the circumstances?); and/or
• prove the defendant's liability (in other words, establish how the defendant provided sub-standard care, and how the plaintiff was harmed as a result).

If a medical expert's opinion will be necessary to help prove your case, then a "preliminary expert opinion affidavit" must be filed with the court, and served on the defendant health care provider. (Learn more about proving your medical malpractice case.)

This affidavit must state, at minimum:

• the medical expert's qualifications to offer an opinion on the appropriate "standard of care" and/or the defendant's liability
• the factual basis for each of the plaintiff's claims against the defendant health care professional
• the defendant health care professional's specific actions or errors (including a failure to act) that allegedly fell short of meeting the applicable standard of care, and
• the specific manner in which the defendant health care professional's action or inaction caused or contributed to the plaintiff’s claimed harm.

You can get an extension to file this "preliminary expert opinion affidavit" (as opposed to filing it alongside the initial complaint) if "good cause" to do so is shown, or if all parties agree to an extension.

If you declare that a medical expert's opinion is not necessary in order for you to get a favorable outcome in your medical malpractice case, and the defendant health care professional believes that a medical expert's opinion will actually be necessary to prove your claims, the defendant may ask the court to require you to obtain and file a "preliminary expert opinion affidavit." The defendant’s motion must make a persuasive argument, however.

If you declare that a medical expert’s opinion will be necessary to establish the standard of care and/or prove liability, but you fail to properly obtain and file the affidavit, the court may dismiss the lawsuit. But it's important to note that section 12-2602 specifies that this dismissal must be "without prejudice," meaning you will get the chance to fix the problem and get a compliant affidavit filed.

More Information on Arizona Medical Malpractice Lawsuits

Besides this affidavit requirement, if you're thinking about filing a medical malpractice lawsuit in Arizona, you also need to make sure you understand and comply with the state's statutory time limits for bringing a case to court. Get the details on Arizona's statute of limitations for medical malpractice lawsuits.