When a patient dies because a healthcare provider made a preventable mistake, Arizona law provides two overlapping avenues for recovery: a wrongful death claim and a survival action. Understanding how each works — and what the combined claim can recover — is the starting point for a family navigating this process.
Wrongful death vs. survival action
A wrongful death claim under A.R.S. § 12-611 is brought by the surviving spouse, children, or parents — or by the personal representative on their behalf — for their own losses: loss of companionship and support, emotional distress, and the financial contributions the deceased would have made. A survival action under A.R.S. § 14-3110 is brought by the estate and covers damages the deceased suffered before death — the pain, suffering, and medical expenses from the time of the medical negligence to the time of death. Both claims can be filed together, and together they capture the full scope of what was taken.
What medical malpractice requires
To establish medical malpractice, you must show the healthcare provider — doctor, nurse, hospital, or facility — deviated from the accepted standard of care for someone in that patient's situation, and that deviation caused the death. Expert testimony from a qualified medical professional is required under Arizona law (A.R.S. § 12-2603) — a physician in the same specialty must certify the claim has merit before it can proceed. That's why these cases require experienced counsel and early expert involvement.
Statute of limitations
Arizona imposes a two-year statute of limitations for medical malpractice wrongful death claims under A.R.S. § 12-542, running from the date of death or the date the family reasonably discovered the malpractice. A notice of claim requirement may also apply for government-employed healthcare providers. Missing these deadlines ends your right to recovery permanently. See our post on the Arizona personal injury statute of limitations for details.
Our wrongful death attorneys handle medical malpractice claims throughout Arizona on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.