The biggest problem you have is that in Arizona, a medical malpractice action must be commenced within two years after the cause of action accrues. Ariz. Rev. Stat. Ann. § 12-542. The Arizona court has held that the limitations period did not begin to run until the manifestation of the injury. DeBoer v. Brown
, 138 Ariz. 168, 673 P.2d 912 (1983); Commercial Union Insurance Co. v. Lewis & Roca
, 183 Ariz. 250, 902 P.2d 1354 (Ct. App. 1995). The statute of limitations
is tolled if a claimant is under eighteen years of age, mentally incompetent, or imprisoned. Ariz. Rev. Stat. Ann. § 12-502.
On top of the statute of limitations problem, not all bad results from medical treatment are actionable in court. Even if you did not have the statute of limitations problem, you would have needed a medical expert to connect the problem you are having to some breach of duty of care of the doctor who performed the surgery. If a medical expert cannot attest to the fact that the doctor was operating below the standards of a reasonable doctor with his experience, then you would not have a case either.
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