Find a birth injury lawyer in Tempe: where to start and what the deadlines are

HonorHealth Tempe's page lists surgery, an emergency department and intensive care but not labor and delivery, so the birth records may sit at a hospital in Mesa or Chandler. In Arizona you generally have 2 years to bring a medical claim, but the clock for a child does not run until age 18. You can ask the hospital for records, and it must act within 30 days. A claim needs a written expert statement filed with it.

Last checked November 9, 2026 · Official sources (32)

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Road map of Tempe with the Mill Avenue hospital and the route east to Banner Desert in Mesa
Hospitals must act on a records request within 30 days. Map data © OpenStreetMap contributors.

Where do Tempe families give birth?

Some families go outside the city. HonorHealth's page for its Tempe hospital at 1500 S. Mill Ave. lists surgery, an emergency department and intensive care, and it does not list labor and delivery.

Banner Desert Medical Center, 1400 S. Dobson Rd. in Mesa, offers labor and delivery and a Level III newborn intensive care unit. The Arizona Perinatal Trust lists Banner Desert and Banner Children's at Desert at level IV, and Chandler Regional Medical Center at level IIIA.

This is not a ranking of care, and a hospital's level does not mean anything went wrong. Where your baby was born tells you which records to ask for and whether the hospital is public, private or federally funded.

What counts as a birth injury?

It means harm to a baby before, during or shortly after birth. Some of it can be prevented and some cannot. For example, most cerebral palsy, 85% to 90%, is related to events before or during birth.

Hypoxic-ischemic encephalopathy, or HIE, is a brain injury that happens when oxygen or blood flow to the brain is reduced or stopped around birth. Some children have no long-term effects. Others have mild to severe disabilities.

A medical claim asks two things: did the care fall below the standard, and did that failure cause the injury. A lawyer will usually ask a doctor to review the records before taking a position.

How do you get birth records in Tempe?

  1. Ask the hospital in writing for the mother's and the baby's records, including the labor monitoring record. Under the federal records rule, the hospital has 30 days to respond.
  2. Banner hospitals, including Banner Desert in Mesa, take record requests through MRO Patient Central. For Tempe Fire Medical Rescue patient care reports, use JustFOIA or call 480-858-7262.
  3. Hospitals keep a child's records for at least three years after the child turns 18. Do not wait that long. Staff change and memories fade.
  4. Keep a timeline: when labor began, who you saw and what you were told.

What deadlines apply to a birth injury claim in Arizona?

Who was involvedDeadlineFirst step
Private hospital or doctor2 years, and time is paused while the child is under 18Expert statement filed with the claim
Public hospital or public employee180 days to give notice; for a minor, 180 days after turning 18Notice of claim, stating a specific amount
Federally funded health centerClaim first, then suit; 2 years to present the claimCheck HRSA's list of covered sites

Federal health center data lists three active sites in Tempe, with Mountain Park Health Center at 1840 East Broadway among them. If you were seen at one, the federal route may apply. HRSA's search tool shows which centers are covered. Arizona has no cap on injury damages, because the state constitution bars limits.

Care covered by the federal emergency and labor law may need clear and convincing proof in Arizona. A lawyer can tell you whether that applies.

Who can you complain to about a hospital in Tempe?

  • The Arizona Department of Health Services takes online complaints about hospitals.
  • The Arizona Medical Board takes complaints about doctors: (480) 551-2700.
  • The Arizona State Board of Nursing investigates nursing practice: (602) 771-7800.

A complaint is not a lawsuit and does not stop the clock. If you want money for your child's care, talk to a lawyer about the deadlines.

Questions

How long do I have to sue for a birth injury in Arizona?

Generally 2 years, but time does not run while the child is under 18. Some claims against public bodies are shorter.

Can the claim be brought if the baby is already grown?

Possibly. The pause ends at 18, so a lawyer will check the dates. Records may be kept only three years after 18.

Does Arizona cap damages in birth injury cases?

No. No law caps what a jury may award for an injury in Arizona, because the constitution bars it.

What if my baby died?

We are deeply sorry. Take the time you need. When you are ready, a lawyer can explain the wrongful death rules and the Medical Examiner's role, which is reached at 602-506-3322.

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Sources (32)

  1. HonorHealth, Tempe Medical Center, checked 2026-11-09. “our facility offers general surgery, bariatric surgery, orthopedic total joint surgery, spine surgery and more”
  2. A.R.S. 12-542, checked 2026-11-09. “there shall be commenced and prosecuted within two years after the cause of action accrues”
  3. A.R.S. § 12-502, checked 2026-11-08. “the period of such disability shall not be deemed a portion of the period limited for commencement of the action”
  4. 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
  5. A.R.S. 12-2603, checked 2026-11-09. “shall certify in a written statement that is filed and served with the claim”
  6. A.R.S. § 12-502, checked 2026-11-09. “either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action”
  7. HRSA, FTCA FAQ, checked 2026-11-09. “a claimant may not file suit before presenting an administrative claim”
  8. Arizona Revised Statutes 12-821.01, checked 2026-11-09. “a minor or an insane or incompetent person may file a claim within one hundred eighty days after the disability ceases”
  9. HonorHealth Tempe Medical Center, checked 2026-11-08. “The emergency entrance is on the West side of Mill Avenue.”
  10. Banner Health, Banner Desert maternity, checked 2026-11-09. “Level III Neonatal Intensive Care Unit at Banner Children's at Desert for premature and sick babies”
  11. Banner Health, Banner Desert Medical Center, checked 2026-11-09. “Banner Desert Medical Center 1400 S Dobson Rd Mesa, AZ 85202 (480) 412-3000”
  12. Arizona Perinatal Trust, checked 2026-11-09. “Banner Desert Med Center/Banner Children's at Desert (IV)”
  13. Arizona Perinatal Trust, checked 2026-11-09. “Chandler Regional Medical Center (IIIA)”
  14. CDC, checked 2026-11-09. “CP related to events before or during birth is called congenital CP and describes the majority of cases (85%–90%).”
  15. NINDS, checked 2026-11-09. “an umbrella term for a brain injury that happens before, during, or shortly after birth when oxygen or blood flow to the brain is reduced or stopped”
  16. NINDS, checked 2026-11-09. “While some children who experience HIE at birth may not have any long-term consequences, others can experience mild to severe disabilities or even death.”
  17. Banner Health, Medical Records, checked 2026-11-08. “you can request your medical records from any Banner Health hospital, provider office, or urgent care location.”
  18. Tempe Fire Medical Rescue, Medical Records, checked 2026-11-08. “Record requests by phone 480-858-7262”
  19. A.R.S. 12-2297, checked 2026-11-09. “for at least three years after the child's eighteenth birthday”
  20. A.R.S. 12-821.01, checked 2026-11-09. “within one hundred eighty days after the cause of action accrues”
  21. A.R.S. 12-821.01, checked 2026-11-09. “a specific amount for which the claim can be settled and the facts supporting that amount”
  22. 28 U.S.C. 2401(b), checked 2026-11-09. “presented in writing to the appropriate Federal agency within two years after such claim accrues”
  23. HRSA FTCA Search Tool, checked 2026-11-09. “searches a listing of recipients of Health Center Program grant funding that have been deemed as PHS employees”
  24. HRSA, Health Center Service Delivery Sites, checked 2026-11-09. “Mountain Park Health Center - Tempe”
  25. HRSA, Federal Tort Claims Act Search Tool, checked 2026-11-09. “View Health Centers/entities that are deemed as PHS employees.”
  26. Arizona Constitution, art. 18, sec. 6, checked 2026-11-09. “the amount recovered shall not be subject to any statutory limitation”
  27. A.R.S. 12-572, checked 2026-11-09. “emergency medical treatment and labor act”
  28. ADHS, Complaint Tracker System, checked 2026-11-09. “Online Complaint Submittal Form - Medical Facilities Licensing”
  29. Arizona Medical Board, Regulation, checked 2026-11-09. “Here you will find instructions for how to file a complaint”
  30. Arizona State Board of Nursing, Complaints, checked 2026-11-09. “has authority to investigate complaints which allege violations of the Nurse Practice Act”
  31. A.R.S. 12-502, checked 2026-11-09. “the period of such disability shall not be deemed a portion of the period limited for commencement of the action”
  32. Maricopa County, Medical Examiner, checked 2026-11-08. “Please contact OME at 602-506-3322 for assistance or to schedule an in-person appointment.”

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