Arizona Medical Malpractice Laws

Arizona has no caps on medical malpractice damages. The Arizona Supreme Court struck down damage caps in Eastin v. Broomfield (1987), holding they violate the Arizona Constitution's right to jury trial (Article 2, § 23) and anti-abrogation clause (Article 18, § 6).

No fixed cap — amounts are subject to constitutional due process limits.

The plaintiff's attorney must certify whether expert testimony is necessary. If so, a preliminary expert opinion affidavit must be served with initial disclosures, containing the expert's qualifications, factual basis, specific acts violating the standard of care, and causation. Failure to file results in dismissal without prejudice.

Expert must be licensed as a health professional, practice in the same or substantially similar specialty, have recent clinical or teaching involvement, and fees cannot be contingent on the case outcome.

Unlike most states, Arizona has no general statute of repose for medical malpractice. Claims are subject only to the 2-year discovery-based statute of limitations.