Medical Malpractice Laws in Arizona (2026): Deadlines & Caps

Medical malpractice claims in Arizona are shaped by the state's two-year statute of limitations, a constitutional ban on damage caps, and a preliminary expert affidavit requirement. Arizona is one of a small group of states where the constitution itself prohibits the legislature from capping injury or death damages. The result is full recovery of both economic and noneconomic losses, subject to proof.

This page summarizes the current rules. It is general legal information, not legal advice, and the deadlines and exceptions are fact-specific, so confirm how the law applies to your situation with a licensed Arizona attorney.

Statute of Limitations in Arizona

Under A.R.S. Section 12-542, an action for injury to a person, including medical malpractice, must be commenced within two years after the cause of action accrues. The clock generally starts when the claim accrues, not automatically on the date of treatment.

Arizona courts apply the discovery rule. A claim accrues when the patient knows, or with reasonable diligence should know, both that an injury occurred and that it was caused by the conduct of the health care provider. When death results from the injury, A.R.S. Section 12-542 provides that the cause of action is treated as accruing at the death of the injured party.

Statute of Repose

Arizona does not have a separate statute of repose for medical malpractice. There is no fixed outer deadline running from the date of the negligent act independent of the discovery rule.

Because of this, the discovery rule does the heavy lifting in setting Arizona's deadlines. Accrual is often disputed and fact-specific, so ask an Arizona malpractice lawyer for a free consultation on when your two years began (attorney advertising).

Damage Caps in Arizona

Arizona does not cap damages in medical malpractice cases. This is not just a matter of statute; it is built into the Arizona Constitution.

Article 2, Section 31 of the Arizona Constitution provides that no law shall be enacted limiting the amount of damages to be recovered for causing the death or injury of any person. Arizona courts have read this, together with Article 18, as barring the legislature from imposing caps on compensatory damages. As a result, juries may award full economic and noneconomic damages based on the evidence, with no statutory ceiling on pain and suffering.

Certificate or Affidavit of Merit

Arizona requires a preliminary expert step. Under A.R.S. Section 12-2603, a claimant must certify in writing whether expert opinion testimony is necessary to prove the health care provider's standard of care or liability.

If the claimant certifies that expert testimony is necessary, the same statute requires service of a preliminary expert opinion affidavit with the initial disclosures. The affidavit must address the expert's qualifications, the standard of care, the acts or omissions the expert considers a violation, and how those acts caused the claimed harm. Failure to serve a required affidavit after certifying can lead to dismissal, though courts may allow time to cure a deficiency.

Standard of Care and Expert Testimony

Arizona law requires the plaintiff to prove the provider failed to exercise the degree of care, skill, and learning expected of a reasonable, prudent health care provider in the same field, under A.R.S. Section 12-563. Physicians, nurses, hospitals, and other providers may be liable.

Expert testimony is generally required to establish the standard of care and a breach, which is why the preliminary affidavit process matters. The narrow exception is for cases where the negligence is within a layperson's common knowledge.

Comparative Negligence

Arizona follows pure comparative negligence under A.R.S. Section 12-2505. If the patient is partly at fault for the injury, the recovery is reduced in proportion to that fault, but the patient is not barred from recovering.

A patient found 20 percent at fault, for example, could still recover 80 percent of the proven damages. The statute does carve out claimants who intentionally, willfully, or wantonly caused or contributed to the injury. How fault is allocated depends on the facts.

Wrongful-Death Medical Malpractice

When malpractice causes death, the claim proceeds under Arizona's wrongful death statutes, A.R.S. Section 12-611 and following, brought by a statutory beneficiary or the personal representative. The two-year limitations period generally applies, with the cause of action treated as accruing at death.

Because Arizona bars damage caps, wrongful-death damages are not subject to a statutory ceiling. The available damages and proper claimants depend on the facts and family circumstances.

How to Evaluate and Preserve a Potential Claim

Because Arizona's deadline is short and accrual can be disputed, it is wise to gather records and seek advice early. Request your complete medical records, keep a dated timeline of treatment, and preserve related communications.

Many medical malpractice attorneys offer a free initial consultation and work on a contingency fee, meaning fees come only from a recovery. Because Arizona does not cap what a jury can award, our Arizona settlement calculator works from your economic and noneconomic loss figures to sketch a possible range. No attorney can promise an outcome or a dollar amount, and only a licensed Arizona attorney can evaluate whether your facts support a claim within the deadline.

Frequently Asked Questions

What is the deadline to sue for medical malpractice in Arizona?

The general deadline is two years from when the cause of action accrues under A.R.S. Section 12-542. Arizona applies a discovery rule, so accrual can be delayed until the patient knew or reasonably should have known of the injury and its cause. Deadlines are fact-specific, so confirm yours with a licensed Arizona attorney.

Does Arizona cap medical malpractice damages?

No. The Arizona Constitution, Article 2, Section 31, bars any law limiting the amount of damages for causing death or injury. Both economic and noneconomic damages are fully recoverable based on the evidence, with no statutory cap on pain and suffering.

Do I need an expert affidavit to file in Arizona?

Often, yes. Under A.R.S. Section 12-2603 you must certify whether expert testimony is necessary, and if you certify that it is, the same statute requires a preliminary expert opinion affidavit with your initial disclosures. Most malpractice claims require expert testimony to prove the standard of care.

How much is a medical malpractice case worth in Arizona?

There is no fixed value, and Arizona does not cap damages. The outcome depends on the facts, the harm suffered, and the evidence. No attorney can guarantee a result or a dollar amount. A licensed attorney can assess your situation.

Does Arizona have a statute of repose for medical malpractice?

No. Arizona does not have a separate medical malpractice statute of repose. The two-year limitations period under A.R.S. Section 12-542, combined with the discovery rule, sets the deadline.

Is Arizona a comparative negligence state?

Yes. Arizona follows pure comparative negligence under A.R.S. Section 12-2505. If the patient is partly at fault, the recovery is reduced by that percentage, but the patient can still recover the remainder unless the patient intentionally or wantonly caused the harm.

Who can be sued for medical malpractice in Arizona?

Physicians, nurses, hospitals, and other health care providers may be liable if the plaintiff can prove a breach of the applicable standard of care, generally through qualified expert testimony.

What is the deadline for a wrongful-death malpractice claim in Arizona?

A wrongful-death claim based on malpractice is generally subject to a two-year deadline under A.R.S. Section 12-542, with the claim treated as accruing at death. Wrongful-death actions are brought under A.R.S. Section 12-611 and following.