No Caps on Damages for Medical Malpractice

One of the most robust protections for victims in Arizona is found in the state constitution, which prohibits any law from limiting the amount of damages a person can recover for injury or death. While many other states have “caps” on non-economic damages like pain and suffering, Arizona allows medical malpractice victims to seek full and fair compensation based on the actual severity of their losses. This ensures that survivors of catastrophic errors can pursue the true value of their life-altering injuries.

Despite the lack of damage caps, medical malpractice cases in Arizona remain highly technical. Under A.R.S. § 12-567, plaintiffs are generally required to file a preliminary expert witness affidavit early in the case. This document must detail how the healthcare provider breached the standard of care and how that breach directly caused the injury. Without this expert testimony, a court may dismiss the case before it ever reaches a jury.

The standard statute of limitations for medical malpractice in Arizona is two years from the date of the injury or from the time the injury should have reasonably been discovered. Because hospitals and insurance providers often have vast resources to defend against these claims, it is essential to work with an attorney who can hire the right medical experts and navigate the complex procedural requirements to hold negligent providers accountable.