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REFERENCE TITLE: medical malpractice; statute of limitations |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2157 |
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Introduced by Representative Diaz
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An Act
amending section 12-542, Arizona Revised Statutes; amending title 12, chapter 5, article 3, Arizona Revised Statutes, by adding section 12-558.04; relating to limitations of actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-542, Arizona Revised Statutes, is amended to read:
12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation
Except as provided in section 12-551, there the following actions shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:
1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561.
2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured.
3. For trespass for injury done to the estate or the property of another.
4. For taking or carrying away the goods and chattels of another.
5. For detaining the personal property of another and for converting such property to one's own use.
6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer.
Sec. 2. Title 12, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 12-558.04, to read:
12-558.04. Medical malpractice actions; five year limitation
A cause of action for medical malpractice as defined in section 12-561 shall be commenced and prosecuted within five years after the cause of action accrues, and not afterward.