Find a medical malpractice lawyer in Tempe: private hospital, public clinic or federal claim
In Arizona you generally have 2 years to file a malpractice suit, and the clock can start when you should have known. A public provider such as ASU Health Services or Valleywise needs a claim within 180 days. A federally funded clinic needs a federal claim within 2 years.
Last checked November 9, 2026 · Official sources (26)
Who provided my care in Tempe, and why does it matter?
The kind of provider sets your deadline. Many people learn this too late.
| Where you were treated | Type | First deadline | Where the claim goes |
|---|---|---|---|
| HonorHealth Tempe, 1500 S. Mill Ave. | Private | 2 years to sue | Superior court |
| Banner hospitals, including Banner Desert in Mesa | Private | 2 years to sue | Superior court |
| Mountain Park, First Person Care or Priest Drive Health Center | May be federal | 2 years for a written federal claim | The federal agency first |
| Valleywise Health | Public district | 180 days | Notice to the district, then suit within 1 year |
| ASU Health Services, (480) 965-3349 | State university | 180 days | Arizona Board of Regents |
A federally funded health center's staff can count as federal employees, but not every site is covered. HRSA has a dashboard you can filter by city to check. Being on the list of health center sites does not settle it, so look before you assume.
One Valleywise note. It is governed by the board of a county special health care district. Treat that as public and meet the 180-day deadline. Its main hospital in Phoenix is also a Level I trauma center, so Tempe patients do end up there.
What do I have to prove in a Tempe malpractice case?
You must show the provider did not use the care a reasonable provider would, and that this failure caused your injury. A bad outcome on its own does not prove malpractice. Early on, your lawyer must certify in writing whether an expert is needed, and serve a preliminary expert opinion with the first disclosures.
Emergency care can be harder. For care given under the federal emergency law, Arizona requires clear and convincing proof. Tempe has an emergency department at HonorHealth, and serious trauma patients are often taken outside the city, because the state lists no designated trauma center at a Tempe address.
The state constitution rules out a cap on damages for injury. Your award is still reduced by any share of fault placed on you, for example if you did not follow care instructions.
What should I do if I think a Tempe doctor harmed me?
- Get a second opinion, and tell the new doctor everything that happened.
- Ask for your records in writing. The provider has 30 days to act.
- For Banner, use MRO Patient Central for any hospital, office or urgent care. For HonorHealth, someone asking on behalf of another person must prove the right to the records.
- Write out a timeline with dates, names and what you were told.
- Find out if the place is private, public or federal. Do this first.
- Ask about the deadline in the first conversation with any lawyer.
Arizona providers generally must keep adult records for at least six years after the last visit. Do not wait for that. It is about keeping them, not about your time to sue.
Can I report a Tempe doctor or nurse to the state?
Yes, and it is a separate track. The Arizona Medical Board explains how to file a complaint against an MD, and can be reached at (480) 551-2700 or (877) 255-2212. The Arizona State Board of Nursing looks at complaints about nurses, at (602) 771-7800.
A board can discipline a license. It will not pay your bills or stop your legal clock. Do not count a complaint to a board as filing your claim.
Who pays in a Tempe malpractice case?
- The doctor's or hospital's malpractice insurer, for a private provider in Tempe.
- The public body or its insurer, for Valleywise or ASU Health Services in Tempe.
- The federal government, if the staff at a Tempe health center site counted as federal employees.
- Your own health plan may ask to be repaid out of what you recover.
What should I ask a medical malpractice lawyer in Tempe?
- Is my Tempe provider private, public or federal, and how did you check?
- When do you think my 2-year clock started?
- Which kind of expert does Arizona need for this doctor?
- If this is a federally funded clinic, who files the written claim?
Questions
How long do I have to file a medical malpractice claim in Tempe?
Generally 2 years, and it may start when you should have known. Public and federal providers have different rules.
Is there a cap on malpractice damages in Arizona?
No. Arizona's constitution bars one.
Can I sue ASU Health Services?
For ASU Health Services on the Tempe campus, a notice of claim goes to the Arizona Board of Regents within 180 days, because ASU cannot accept one.
Where can I check a Tempe clinic's federal status?
HRSA's dashboard shows which health centers are deemed Public Health Service employees and lets you filter by city.
Medical malpractice in Tempe? See if you are owed money.
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See if I’m owed moneySources (26)
- Arizona Supreme Court, Walk v. Ring (2002), checked 2026-11-09. “whether the plaintiff by the exercise of reasonable diligence should have known of defendants”
- A.R.S. § 12-542, checked 2026-11-08. “within two years after the cause of action accrues”
- Arizona Revised Statutes 12-821.01, checked 2026-11-08. “within one hundred eighty days after the cause of action accrues”
- 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”
- HRSA, FTCA FAQ, checked 2026-11-09. “a claimant may not file suit before presenting an administrative claim”
- 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
- Arizona Constitution, art. 18, sec. 6, checked 2026-11-09. “the amount recovered shall not be subject to any statutory limitation”
- HonorHealth Tempe Medical Center, checked 2026-11-08. “The emergency entrance is on the West side of Mill Avenue.”
- Arizona Department of Health Services, Designated Trauma Centers, checked 2026-11-08. “Banner Desert Medical Center 1400 South Dobson Rd., Meza, AZ 85202 06/10/24 06/10/27”
- HRSA, Health Center Service Delivery Sites, checked 2026-11-09. “Mountain Park Health Center - Tempe”
- Valleywise Health, About, checked 2026-11-09. “is the governing body for Maricopa Special Health Care District and Valleywise Health”
- A.R.S. § 12-821, checked 2026-11-08. “shall be brought within one year after the cause of action accrues and not afterward”
- ASU Health Services, Locations and Hours, checked 2026-11-09. “(480) 965-3349”
- Arizona Board of Regents, Service of Process, checked 2026-11-08. “are not authorized to accept service of lawsuits or notices of claim”
- HRSA, Federal Tort Claims Act Search Tool, checked 2026-11-09. “View Health Centers/entities that are deemed as PHS employees.”
- Arizona Department of Health Services, Designated Trauma Centers, checked 2026-11-09. “Valleywise Health 2601 E. Roosevelt, Phoenix, AZ 85008”
- A.R.S. 12-563, checked 2026-11-09. “failed to exercise that degree of care, skill and learning expected of a reasonable, prudent health care provider”
- A.R.S. 12-2603, checked 2026-11-09. “shall certify in a written statement that is filed and served with the claim”
- A.R.S. 12-2603, checked 2026-11-09. “shall serve a preliminary expert opinion affidavit with the initial disclosures”
- A.R.S. 12-572, checked 2026-11-09. “are established by clear and convincing evidence”
- A.R.S. § 12-2505, checked 2026-11-08. “the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
- 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.”
- HonorHealth, Request medical records, checked 2026-11-08. “please provide proper documentation proving the right to the patient's medical records”
- A.R.S. 12-2297, checked 2026-11-09. “for at least six years after the last date the adult patient received medical or health care services from that provider”
- Arizona Medical Board, Regulation, checked 2026-11-09. “Here you will find instructions for how to file a complaint”
- Arizona State Board of Nursing, Complaints, checked 2026-11-09. “has authority to investigate complaints which allege violations of the Nurse Practice Act”