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Medical Malpractice · Arizona

Arizona Medical Malpractice FAQs

Arizona is one of the few states where malpractice damages are not capped — and one where a claim has to clear an expert requirement early. Both matter from day one.

Are medical malpractice damages capped in Arizona?

No. Arizona's constitution prohibits laws limiting damages for injury or death, and caps on malpractice damages have been treated as unconstitutional here. That sets Arizona apart from most states, including its neighbors. Read more →

Do I need an expert to file?

Effectively yes. Arizona requires a preliminary expert opinion affidavit early in a medical-negligence case, certifying that a qualified expert supports the claim. Without it the case can be dismissed regardless of its merits. Read more →

How long do I have to file?

Generally two years from when the claim accrues, with the discovery rule potentially moving the start date where the harm was not reasonably knowable. Claims against a public hospital or provider add a 180-day notice requirement. Read more →

A bad outcome happened. Is that malpractice?

Not by itself. Medicine carries risk, and a poor result is not negligence. The question is whether the care fell below the accepted standard and whether that failure caused the harm. Read more →

Will the jury hear that my health insurance paid the bills?

In a medical-negligence case in Arizona, often yes — the collateral source rule has a statutory exception here, which is different from ordinary injury cases. Read more →

Can I sue a hospital as well as the doctor?

Sometimes. A hospital can be responsible for its own negligence — staffing, credentialing, systems — and in some circumstances for the people it employs. Read more →

I signed a consent form. Does that end it?

No. Consent covers the known risks of properly performed care. It is not permission for care that falls below the standard. Read more →

What does a malpractice case cost to bring?

Nothing up front, though these cases are expensive to build because qualified experts must be retained early. The firm carries that risk on a contingency fee; the review is free. Read more →

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