Legal Question in Medical Malpractice in Arizona

Who is the legal entity (court)to contact to determine under ARS 12-542 when statute of limitations apply in a specific case and when the period of discovery would extend the right of a suit. I need to contact someone in higher authority who can legally tell me, prior to going to trial, the extent of statute of limitations in my case. The statutory limits from tme of injury have apparently run out however, I need to know positively if the period of discovery in this case is provable since it involves an unauthorized prosthetic device used in a knee replacement operation which in my mind could not have been known by the injured party until it was removed from the body and shown to her, at which time she declared that the device was not the one that was supposed to have been used in the initial knee replacement operation. It would appear that until I get this determination on when the statute of limitations begin and end, no attorney will accept the case, since it involves a high degree of risk because of this unknown fact. Help!


Asked on 9/04/09, 4:56 pm

1 Answer from Attorneys
Dustin Vidrine Wade & Vidrine, PLC

The court would be the deciding authority as to when the statute of limitations started running (i.e., when the injury was discovered or should have been discovered) and when it has run. You would find out after you file your lawsuit. The defense would probably file a motion to dismiss based on the running of the statute of limitations; at that point the issue would be argued and decided.

Read more
Answered on 9/16/09, 9:27 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in Arizona