Arizona Medical Malpractice Deadlines, Explained

By Joe Styler, editor (not an attorney). Updated October 8, 2026. Sources checked

You may have heard that you have two years to bring a medical malpractice claim in Arizona. That is the general rule, but the two years count from the day the claim “accrues”, which is not always the day of the care. Claims against public bodies and public employees have much shorter deadlines, and children and wrongful death claims have their own starting points. This page cannot tell you how much time you have. A lawyer can look at your dates and facts.

The general rule: two years under A.R.S. 12-542

Arizona’s two-year deadline for injury claims is in A.R.S. 12-542. It says an action for injuries to a person must be started within two years after the cause of action accrues. The statute names medical malpractice as one of the claims it covers, using the definition in A.R.S. 12-561: a claim for injury or death against a licensed health care provider, based on, among other things, alleged negligence, misconduct, errors or omissions, or breach of contract in providing health care. Sending our form does not stop or pause this deadline, or any other deadline on this page.

What “accrues” means

When a claim “accrues”, the law treats it as having come into being, and the clock starts running. Many people assume that is the day of the surgery or the missed diagnosis. For medical malpractice, though, the Arizona Supreme Court has tied the start date to what the patient knew, or should have known, and when.

When does the two-year clock start?

The main case is Walk v. Ring, decided by the Arizona Supreme Court in 2002. The court applied what is called the discovery rule to medical malpractice claims under 12-542. Here is what the opinion says, in general terms:

• The test is notice to investigate. A medical malpractice claim accrues when a reasonable person would be on notice to look into whether the injury came from someone’s wrongdoing.
• A bad result on its own may not be enough. Knowing that treatment went badly does not always, by itself, start the clock.
• The patient has to use reasonable diligence.
• It is usually a question of fact. When the claim accrued is generally a question for the jury, so the date can be disputed.
• Failure to disclose can matter. The court also said that a provider’s failure to disclose what it knew can toll the statute, depending on the facts. The opinion calls this fraudulent concealment. “Toll” means the clock is paused or held off.

This is not a safe harbor, and it does not mean a later start date applies to you. It means the start date can be hard to work out. Assume the deadline could be earlier than you hope, and ask a lawyer now.

Children and people of unsound mind

Arizona has a tolling statute, A.R.S. 12-502. It says that if a person who is entitled to bring a claim is under eighteen, or of unsound mind, when the claim accrues, that time is not counted toward the filing period. Once the disability is removed, the person has the same amount of time that anyone else would have.

In a 1984 decision, the Arizona Supreme Court said the 12-502 tolling provisions apply to medical malpractice actions. It struck down an earlier law that had taken this protection away from children injured before age seven, under Article 18, Section 6 of the Arizona Constitution.

In general terms: for a child’s own medical malpractice claim, the time before age eighteen generally does not count, so the two-year period under 12-542 generally starts at eighteen. Three cautions:

• It is about the child’s own claim. A parent may have separate claims, for example for medical bills. Do not assume the child’s rule extends a parent’s deadline.
• Public bodies have their own rule. For a notice of claim against a public entity, a minor has 180 days after the disability ends (see below). This page does not cover how the child’s rule works with the one-year public lawsuit deadline.
• Unsound mind depends on the facts. When it began or ended for a particular person is for a lawyer to look at.

Check any child’s deadline with a lawyer. Sending our form does not stop or pause any deadline.

Care from a public hospital, clinic or public employee

If the care came from a public entity or a public employee, the deadlines are much shorter. Under A.R.S. 12-820, a “public entity” includes the state and its political subdivisions. The definitions do not name hospitals or clinics, so whether a provider counts is a question for a lawyer.

Notice of claim within 180 days (A.R.S. 12-821.01)

A notice of claim must be filed within 180 days after the cause of action accrues. It goes to the person or persons authorized to accept service for the public entity, public school or public employee. It must state facts that explain the basis of the claim, a specific amount for which the claim can be settled, and the facts supporting that amount. A claim that is not filed in time is barred.

For this notice, the statute says a cause of action accrues when the person realizes they have been damaged and knows, or reasonably should know, the cause. A minor, or an insane or incompetent person, may file the notice within 180 days after the disability ends.

Lawsuit within one year (A.R.S. 12-821)

Separately, any lawsuit against a public entity or public employee must be brought within one year after the cause of action accrues. Both deadlines are counted from accrual, so they generally run at the same time. Filing the notice is one requirement. Filing the lawsuit is another.

If there is any chance a hospital or clinic is run by a public body, or that the person who treated you is a public employee, ask a lawyer now. Sending our form does not stop or pause any deadline. Our page on claims against public hospitals in Arizona covers this in more detail.

Care at a federal facility is outside this page, so if that is where the care happened, ask a lawyer about the deadline now.

Wrongful death: the clock starts at the death

When a person dies of the injuries, A.R.S. 12-542 counts the two years from the death, not from the date of the care. If the care came from a public body, the shorter public entity deadlines above may also apply, and a lawyer can explain how they fit together. Sending our form does not stop or pause any deadline. Our page on wrongful death from medical malpractice in Arizona explains more about these claims.

The Arizona clocks side by side

The table shows what each rule says. It does not show how much time any reader has.

Arizona medical malpractice time limits, as written. Sending our form does not stop or pause any of these deadlines.

Situation	What must be done	Time limit	When the clock starts	Source
Care from a private provider (general rule)	Start the lawsuit	Two years	When the claim accrues: when a reasonable person would be on notice to investigate whether the injury came from wrongdoing	A.R.S. 12-542; Walk v. Ring
Care from a public entity, public school or public employee: first step	File a notice of claim with facts and a specific settlement amount	180 days	When the person realizes they were damaged and knows or reasonably should know the cause	A.R.S. 12-821.01
Care from a public entity or public employee: second step	Start the lawsuit	One year	When the claim accrues (generally runs at the same time as the notice deadline)	A.R.S. 12-821
Wrongful death	Start the lawsuit	Two years	The date of death	A.R.S. 12-542
Child’s own claim	Check with a lawyer	Time before age eighteen is generally not counted	Generally at eighteen for the 12-542 period; for a public entity notice, 180 days after the disability ends	A.R.S. 12-502; A.R.S. 12-821.01

Have questions about the dates in your situation? Request a free case review.

What you can do now

We cannot tell you whether you have a claim or how long you have. You can put the facts in order so a lawyer can answer those questions. Write down:

• Dates of care: each visit, procedure, test, hospital stay or prescription that matters.
• When you first had reason to think something went wrong, and how: a new symptom, a second opinion or a test result.
• Who treated you and where. If you are not sure whether a hospital or clinic is public or federal, write that down as a question.
• The patient’s age at the time of the care, and whether they were of sound mind.
• The date of death, if a family member died.

Then ask a lawyer and bring the list. Our page on the expert affidavit requirement explains another early step in these claims, and our page on how a medical malpractice claim works in Arizona covers the other steps.

Frequently asked questions

Is the medical malpractice deadline in Arizona always two years?

No. Two years is the general rule in A.R.S. 12-542, counted from when the cause of action accrues. Claims against a public entity or public employee need a notice of claim within 180 days and a lawsuit within one year. A child’s own claim and a wrongful death claim have their own starting points. Sending our form does not stop or pause any deadline.

Does the two-year clock start on the day of the treatment?

Not necessarily. In Walk v. Ring (2002), the Arizona Supreme Court said a medical malpractice claim accrues when a reasonable person would be on notice to investigate whether the injury came from someone’s wrongdoing, and that knowing of a bad result is not always enough by itself. The date is generally a question for the jury. This does not mean a later date applies to you. Ask a lawyer to look at your dates.

What if the patient was a child?

Under A.R.S. 12-502, time while a person is under eighteen generally does not count toward the filing period, and the Arizona Supreme Court has said that rule applies to medical malpractice. For a child’s own claim, the two years under 12-542 generally start at eighteen. A parent’s own claims are a separate question. Check any child’s deadline with a lawyer. Sending our form does not stop or pause any deadline.

When does the clock start for a wrongful death claim?

A.R.S. 12-542 counts the two years from the date of death. If the care came from a public body, the shorter public entity deadlines may also apply. Sending our form does not stop or pause any deadline.

Does sending the free case review form stop the deadline?

No. Sending our form does not stop or pause any deadline. Only the steps the law requires, such as filing a notice of claim or a lawsuit on time, meet a deadline. If you think a deadline may be close, contact a lawyer directly.