It is always good to know about medical malpractice and the rules and regulations pertaining to it. This is because, you never know, as to when you may need legal help for dealing with a misdiagnosis, or injury. There are a number of rules and regulation sin this regard in the state of Arizona.

The rules of the state require a medical malpractice action to be reported within two years after the action. The rule is subject to certain exceptions, such as, the petitioner is a minor, mentally incompetent, or has been imprisoned. Similarly, wrongful death claims are required to be reported within two years from the date of the death.

The state also adheres to the doctrine of Comparative Negligence. According to this, in case of any fault on the part of the petitioner, the petitioner’s right to recovery does not get totally barred on any account. However, it does get diminished and in the same proportion, as that of the fault on part of the petitioner.

Another major rule in regard to malpractices is that of the accused being only severally responsible for the amount of damages to the petitioner in proportion to the percentage of fault, except that they are related as principal-agent, or acting in connivance.

Another major feature in regard to the rules of the state is the absence of any maximum limit to the amount of damages, which can be recovered from a medical malpractice action. The constitution of the state prohibits the enactment of any law, which limits the damages that one might recover in regard to personal injury or death.

Another important feature is that of the requirement of expert testimony for establishing a breach of the standard of care, until the negligence on the part of the medical practitioner is grossly obvious, or comes within the range of knowledge of a layman. The rule also states that, any party to a medical malpractice action shall elect to obtain or disburse future compensation periodically.

The law also recognizes the rule of apparent or obvious agency in terms of hospital-physician connection.  It also does not put a limitation on the fees that can be recovered by an attorney in case of a medical malpractice action.

The rules for recovery however, do not cover health care services rendered at non-profit clinics where neither the physician nor the clinic receives any compensation. Such providers are immune from such legal suits.

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