Medical malpractice in Arizona
Constitution bars a damages ceiling
Arizona does not allow a general statutory ceiling on damages for medical injury or death. Most claims must be filed within two years of accrual, and many need a preliminary expert opinion affidavit early in the case.
Last reviewed September 22, 2026
- Damages cap
- None
- Usual filing window
- 2 years
- Expert affidavit
- Required
The constitution bars a general statutory ceiling
From accrual, which often follows discovery
When expert proof is needed on the standard of care
Damage caps
The Arizona Constitution bars laws that limit the amount recovered for causing a person's injury or death. There is no general medical malpractice noneconomic damages cap for ordinary private claims.
Not capped
Economic damages
Economic damages for injury or death are not subject to a general statutory ceiling. The constitution protects the amount recovered from that kind of limit.
No cap
Noneconomic damages
There is no general medical malpractice noneconomic damages cap for an ordinary private claim. Article II, section 31 says no law shall limit the amount of damages recovered for causing the death or injury of any person, with a narrow crime-victim exception. Article XVIII, section 6 says the right of action for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation, with the same narrow exception.
Do not describe a hidden noneconomic ceiling. A temporary or struck liability shield is not an ordinary permanent cap.
Punitive damages
There is no general statutory dollar cap on punitive damages against a private defendant. Public-entity punitive awards are separately restricted. Ordinary due-process review still applies. Confirm the rule on the facts.
Filing deadlines
File within two years after the claim accrues. Accrual often turns on discovery of the injury and its negligent cause. Serve the required preliminary expert opinion when expert proof is needed.
- General rule
A personal injury action, including medical malpractice as defined in A.R.S. section 12-561, must be commenced within two years after the cause of action accrues.
- Discovery
Accrual generally follows the discovery rule: when the plaintiff knew or reasonably should have known of the injury and that it was caused by the defendant's conduct. That question is fact intensive. Arizona does not use a multi-year medical malpractice repose as the primary public rule.
- Wrongful death
A wrongful death claim accrues at death.
- Minors and disability
Minority, unsound mind, and related disability rules in Title 12 can matter. Confirm those rules on the facts.
- Expert affidavit
When expert testimony is needed to prove the standard of care or liability against a health care professional, the claimant must certify that fact and serve a preliminary expert opinion affidavit with the initial disclosures, or within 60 days after designating a nonparty at fault. The affidavit must cover qualifications, the factual basis, the breaches, and causation. Failure after certification or a court order can support dismissal without prejudice, with a reasonable chance to cure.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The constitution bars a damages ceiling
The constitutional ban on laws that limit damages for injury or death is Arizona's standout valuation rule. A landing page should not imply a hidden noneconomic cap.
The expert affidavit is the main timing trap
The preliminary expert opinion affidavit is served with the initial disclosures when expert proof is required. Missing that step is the main procedural trap.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for an Arizona case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
Outcomes depend on liability proof, damages evidence, and comparative fault.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Arizona Constitution article II, section 31 and article XVIII, section 6 bar statutory damage ceilings for injury or death. There is no general medical malpractice noneconomic cap. The preliminary expert opinion affidavit under A.R.S. section 12-2603 is the main gatekeeper. The limitations period is two years, with discovery accrual.
- Ariz. Const. art. II, § 31 (opens in a new tab)Accessed September 22, 2026
- Ariz. Const. art. XVIII, § 6 (opens in a new tab)Accessed September 22, 2026
- A.R.S. § 12-542 (opens in a new tab)Accessed September 22, 2026
- A.R.S. § 12-2603 (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with an Arizona attorney about accrual timing and the A.R.S. section 12-2603 affidavit.