Does Arizona Cap Medical Malpractice Damages? No.
Most national writing about medical malpractice assumes a cap on non-economic damages, because most states have one. Arizona does not, and the reason is constitutional rather than legislative — which makes it unusually durable.
The constitutional prohibition
Arizona's constitution provides that no law shall be enacted limiting the amount of damages recoverable for causing death or injury. Attempts to cap malpractice damages have run into that provision, and it applies to malpractice claims as much as to any other injury claim.
What is not simplified: the expert requirement
Arizona offsets that openness with a real procedural gate. A medical-negligence claim requires a preliminary expert opinion affidavit early in the case, certifying that a qualified expert supports it. Without one the claim can be dismissed regardless of merit, and finding a qualified expert takes time and money before anyone knows whether the case will resolve.
And one rule that runs the other way
Arizona generally follows the collateral source rule, keeping evidence that your health insurer paid a bill away from the jury. Medical-negligence cases are the statutory exception — that evidence is admissible there, which changes how medical damages are presented.
How Arizona compares with its neighbors
California caps non-economic damages in malpractice cases under MICRA as amended, and New Mexico applies tiered caps under its Medical Malpractice Act with a Patient Compensation Fund behind them. Arizona sits between them geographically and apart from them legally.
Frequently asked questions
Is there any limit on malpractice damages in Arizona?
Not a statutory cap. The constitution prohibits laws limiting damages for injury or death, and that has been applied to malpractice claims.
What do I need before filing a malpractice case?
A preliminary expert opinion affidavit from a qualified expert supporting the claim. It is required early, and a case can be dismissed without it.
This article is general information about Arizona injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
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