Arizona Medical Malpractice Law Explained

By Joe Styler, editor (not an attorney). Updated October 9, 2026. Sources checked

Arizona medical malpractice law is not one statute. It is a set of sections spread through the Arizona Revised Statutes, plus two lines in the state constitution about damages. This guide takes them in roughly the order a patient or family meets them, with a short summary of each and a link to the page that covers it in depth. It cannot tell you whether you have a claim. A lawyer can.

Where the law is written

The rules written for malpractice sit mostly in Title 12, Chapter 5.1, “Actions Relating to Health Care.” Its Article 1 (12-561 through 12-573) holds the general provisions, and Article 2 (12-581 through 12-594) covers paying future damages in installments. The rest is scattered: the filing deadline in 12-542, public body claims in 12-820 through 12-821.01, experts and apologies in 12-2603 through 12-2605, shared fault in 12-2505 and 12-2506, and jury size in Title 21. A table near the end lists every section on this page.

What counts as a medical malpractice action

Section 12-561 defines a “medical malpractice action” as an action for injury or death against a licensed health care provider, based on the provider’s alleged negligence, misconduct, errors or omissions, or breach of contract in providing health care, or on care given without express or implied consent.

A “licensed health care provider” is a person, corporation or institution licensed or certified by the state to provide health care, medical services, nursing services or other health-related services, including its officers, employees and agents working under its supervision. Federally licensed, regulated or registered blood banks, blood centers and plasma centers are covered too. Because the test is licensing, not job title, one claim can involve several kinds of providers. Our page on medication errors shows how that plays out with a prescription.

What 12-562 rules out

• A malpractice action can be brought only on the grounds listed in 12-561.
• It cannot be based on assault and battery. Treatment without consent fits instead within the 12-561 definition.
• A claim for breach of contract for professional services needs a written contract.
• Against physicians, podiatrists, registered nurse practitioners and physician assistants, for services within their scope of practice, it cannot rest on neglect, abuse or exploitation of a vulnerable adult, except as section 46-455 provides.

The two things that must be proved (12-563)

Section 12-563 lists two “necessary elements of proof.” Both are required.

1. The provider failed to use the care, skill and learning expected of a reasonable, prudent health care provider in the same profession or class in Arizona, acting in the same or similar circumstances. The statute calls this the accepted standard of care.
2. That failure was a proximate cause of the injury.

A poor outcome is not itself one of the elements, so a claim needs proof about the care and about causation. Our pages on misdiagnosis and delayed diagnosis and surgical errors apply the two elements to situations readers often ask about.

Where the law raises the bar

Four sections change the usual proof for narrow groups of cases. Each reaches only as far as its own wording.

Federal emergency treatment law, or a disaster (12-572)

A health professional who provides, or is consulted to provide, services to a patient of a licensed hospital in compliance with the federal emergency treatment law (the Emergency Medical Treatment and Labor Act), or as a result of a disaster, is not liable unless the 12-563 elements are established by clear and convincing evidence. The same applies to the licensed hospital and its agents and employees in those cases. That is a higher standard than the usual one. It does not cover all emergency room care and does not bar emergency room claims. See our page on emergency room malpractice.

Emergency deliveries (12-573)

The same clear and convincing standard applies to a physician who handles labor or delivery on an emergency basis for a patient not previously treated for the pregnancy by that physician, a physician in the same group practice, or a physician, physician assistant or certified nurse midwife who has an agreement with the physician to attend the delivery. “Emergency” means labor has begun or a condition requires delivery. The section does not apply if the patient was seen regularly by a licensed provider whose medical information was immediately available to the attending physicians. Our page on birth injuries covers these claims.

Supervised students (12-564) and unpaid volunteers (12-571)

A health care student in a certified, accredited or state-approved program, giving care under a licensed provider’s supervision, is not liable unless gross negligence is established by clear and convincing evidence. The supervising provider’s responsibility for the student’s actions remains. Separately, a volunteer health professional at a nonprofit clinic, where neither the professional nor the clinic is paid, is not liable unless grossly negligent. Shelters and health or screening fairs giving care at no cost count as clinics.

Expert witnesses (12-2603 and 12-2604)

Under 12-2603, the claimant certifies, in a written statement filed and served with the claim, whether expert opinion testimony is needed. If it is, a preliminary expert opinion affidavit is served with the initial disclosures. If a required affidavit is not filed and served, the court shall dismiss the claim against that health care professional without prejudice. The time to cure applies only to an affidavit alleged to be insufficient, “if necessary,” not to one never served. Our page on the expert affidavit requirement walks through it.

Under 12-2604, a standard-of-care witness must be licensed as a health professional in Arizona or another state. Only if the defendant is or claims to be a specialist must the witness share that specialty, with matching board certification only if the defendant is board certified. In the year immediately before the incident, the witness must have spent a majority of their professional time in clinical practice of, or teaching in, the defendant’s field. An expert whose fee depends in any way on the outcome may not testify.

What an apology does not prove (12-2605)

In a civil case against a health care provider, a statement or gesture expressing apology, responsibility, liability or sympathy about an unanticipated outcome of medical care is inadmissible as evidence of an admission of liability or as an admission against interest. The section addresses that use only.

Deadlines

Section 12-542 generally requires a malpractice action, as defined in 12-561, to be started within two years after the cause of action accrues. When the injury causes death, the two years run from the death. “Accrues” is not the same as a fixed count from the date of treatment, and working out that date is a job for a lawyer. Our page on the statute of limitations explains more. Sending our form does not stop or pause this deadline or any other deadline on this page.

A 2023 bill, HB 2157, would have set a five-year limit for malpractice actions. The Legislature’s record shows it was held in committee and not enacted, and 12-542 still reads two years.

Children and people of unsound mind (12-502)

If the person entitled to sue is under eighteen, or of unsound mind, when the claim accrues, that period is not counted. Once the disability ends, the person has the same time anyone else would have. Section 12-542 is among the statutes this reaches, so for a child’s own claim the two years generally start at eighteen. A parent’s own claims are a separate question. Check any child’s deadline with a lawyer.

Public entities and public employees

Under 12-820, “public entity” includes the state and its political subdivisions. Against a public entity, public school or public employee, a notice of claim with the facts, a specific settlement amount and the facts supporting it must be filed within 180 days after the cause of action accrues, or the claim is barred (12-821.01). Any lawsuit against a public entity or public employee must be brought within one year after accrual (12-821). Whether a provider counts as public is a question for a lawyer; our page on claims against public hospitals covers these steps. Care at a federal facility follows different rules not covered here, so ask a lawyer soon.

Have questions about how these sections apply to your situation? Request a free case review.

Damages

Article 2, Section 31 of the Arizona Constitution says no law shall be enacted limiting the amount of damages to be recovered for causing the death or injury of any person. Article 18, Section 6 says the right of action to recover damages for injuries shall never be abrogated, and the amount recovered shall not be subject to any statutory limitation. Both have one exception, for a crime victim sued by a person harmed while committing, attempting or fleeing a felony. They limit what a law can do; they say nothing about what a claim is worth. Our page on damages caps in Arizona goes further.

• Collateral sources (12-565): the defendant may introduce evidence of benefits such as health or disability insurance, Social Security or workers’ compensation, and the plaintiff may answer with what they paid for them and any lien or reimbursement right. The jury decides the weight, so it is not an automatic reduction.
• The complaint may not state a dollar amount of damages, though it may say the minimum jurisdictional amount is met (12-566). That is about the complaint, not the award.
• In a trial involving future damages, any party may elect to receive or pay future economic damages in periodic installments (12-582).
• A public entity, or a public employee acting within the scope of employment, is not liable for punitive or exemplary damages (12-820.04).

When a patient dies, a wrongful death claim under 12-611 and 12-612 is brought by the surviving spouse, child, parent or guardian, or the personal representative. Our page on wrongful death after a medical error covers those claims.

When more than one person is at fault (12-2505 and 12-2506)

Arizona uses comparative fault. If the patient’s own fault contributed, the claim is not barred, but damages are reduced in proportion to the patient’s share, and whether that defense applies is always a jury question. A claimant who intentionally, wilfully or wantonly caused or contributed to the injury has no right to comparative negligence.

Each defendant’s liability is generally several, not joint: each pays the share matching its percentage of fault. The jury considers the fault of everyone who contributed, including nonparties the plaintiff settled with or the defendant gave notice of before trial, though that does not make a nonparty liable. A party answers for another’s share only if they acted in concert, the other was its agent or servant, or the federal law known as FELA applies.

Where a case is filed (12-401)

The venue statute starts from the rule that a person may not be sued outside the county where they reside, with listed exceptions. With several defendants in different counties, the case may be brought in any of their counties. A corporation may be sued where the cause of action, or part of it, arose, or where it has an agent, owns property or does business. If all defendants live outside Arizona or their residence is unknown, the plaintiff’s county may be used. Which county fits is for a lawyer to judge.

How a civil jury decides

Article 2, Section 23 of the constitution says the right of trial by jury “shall remain inviolate” and leaves civil jury size, not less than six, and the verdict number to the law. Under 21-102, beginning January 1, 2023, a civil jury in a court of record such as the superior court has eight members, and a verdict needs all but two to agree. The parties may waive a jury or agree to a smaller verdict number. Our page on how a medical malpractice claim works in Arizona places the trial among the other steps.

Reporting to licensing boards (12-570)

When a malpractice case settles or ends in a money judgment, the insurers report to the defendant’s licensing board, and the plaintiff’s attorney must send the board a notice, the complaint and the settlement terms or judgment within thirty days. That timing is the attorney’s duty, not a deadline for the patient. A confidentiality clause does not override it, and the notice is not discoverable or admissible as evidence.

Other sections in the chapter

Section 12-567 creates a separate civil claim for fertility fraud, such as a provider knowingly using their own sperm or egg without the patient’s informed written consent. It has its own deadlines, so do not measure it by the two-year rule; sending our form does not stop or pause those either. The chapter also lets any party ask the court to decide whether attorney fees are reasonable (12-568), and keeps out evidence of coverage by certain health care insurers at trial (12-569).

The sections at a glance

Arizona medical malpractice law by section. Sending our form does not stop or pause any deadline listed here.

Section	What it says	Our page
12-561, 12-562	What a malpractice action is; no assault and battery basis	Medication errors
12-563	Standard of care and proximate cause	Misdiagnosis
12-572	Clear and convincing proof: federal emergency law or disaster	Emergency room
12-573	Clear and convincing proof: certain emergency deliveries	Birth injuries
12-564, 12-571	Students and unpaid clinic volunteers: gross negligence	This page
12-2603	Expert certification and preliminary affidavit	Expert affidavit
12-2604, 12-2605	Expert qualifications; apologies	This page
12-542, 12-502	Two years from accrual or death; minority and unsound mind	Statute of limitations
12-820, 12-821.01, 12-821	Public entities: 180-day notice, one-year lawsuit	Public hospitals
Const. art. 2, sec. 31; art. 18, sec. 6	No law limiting the amount of damages	Damages caps
12-565, 12-566, 12-582, 12-820.04	Collateral sources, complaint amount, installments, public punitive bar	This page
12-611, 12-612	Wrongful death	Wrongful death
12-2505, 12-2506, 12-401	Comparative fault, several liability, venue	This page
Const. art. 2, sec. 23; 21-102	Eight civil jurors, all but two must agree	How a claim works
12-567 to 12-570	Fertility fraud, fee review, insurer evidence, board reporting	This page

Frequently asked questions

Does Arizona cap medical malpractice damages?

The Arizona Constitution says no law shall be enacted limiting the amount of damages for causing death or injury, and that the amount recovered for injuries shall not be subject to any statutory limitation. Both provisions have a narrow crime-victim exception. Neither says what any claim is worth.

How long do I have to file a medical malpractice claim in Arizona?

Generally two years after the cause of action accrues under A.R.S. 12-542, or two years from the death in a wrongful death case. Claims against a public entity or public employee need a notice of claim within 180 days and a lawsuit within one year. Sending our form does not stop or pause any deadline.

Does a civil jury in Arizona have to be unanimous?

No. Under A.R.S. 21-102, beginning January 1, 2023, a civil jury in a court of record such as the superior court has eight members, and a verdict needs the agreement of all but two.

Can I sue for assault and battery if I was treated without consent?

Not in a malpractice action against a licensed health care provider. A.R.S. 12-562 says such an action shall not be based on assault and battery. Care given without express or implied consent is instead part of the definition of a medical malpractice action in A.R.S. 12-561.

If a provider apologized, does that prove malpractice?

No. Under A.R.S. 12-2605, an apology or expression of sympathy or responsibility about an unanticipated outcome of care is inadmissible as evidence of an admission of liability. A claim still has to prove both elements in A.R.S. 12-563.