Brain Injury From a Medical Mistake in Arizona

By Joe Styler, editor (not an attorney). Updated October 17, 2026. Sources checked

A brain injury caused by medical care can have effects that last for years. It may come from a loss of oxygen during surgery or sedation, a stroke that was not recognized, a medication error, or a problem during birth. This page explains when that kind of injury may be medical malpractice under Arizona law, how the law treats long-term losses, and the deadlines families need to watch.

The short answer

• A brain injury after medical care is malpractice only if care fell below the standard and that failure caused the injury (A.R.S. 12-563).
• When expert testimony is needed, Arizona requires an expert opinion affidavit early in the case (A.R.S. 12-2603).
• Arizona’s Constitution bars laws that cap the amount of damages for injury or death.
• Future economic losses can be paid over time if a party elects it at trial (A.R.S. 12-582).
• The general deadline is two years after the claim accrues (A.R.S. 12-542). Different timing rules can apply to children and to people of unsound mind.

How medical care can cause a brain injury

Situations that can lead to these claims include:

• Loss of oxygen during surgery, sedation or anesthesia, for example when breathing or oxygen levels are not monitored or a problem is not acted on quickly.
• A stroke that was missed or treated late. See our page on missed stroke or heart attack claims.
• A medication error, such as the wrong drug or dose. See our page on medication errors in Arizona.
• Problems during labor and delivery. See our page on birth injuries and malpractice in Arizona.
• Infection or bleeding after surgery that was not caught in time.

In each one, the legal questions are the same: what a reasonable provider would have done, and whether the failure to do it caused the injury.

What has to be proved

Under A.R.S. 12-563, a malpractice claim must prove both of these elements. The provider failed to use the care, skill and learning expected of a reasonable, prudent provider in the same profession or class in Arizona, acting in the same or similar circumstances. And that failure was a proximate cause of the injury. Our guide to Arizona medical malpractice law explains both elements.

Brain injury cases can turn on records made minute by minute, such as anesthesia records, monitor readings, medication logs and nursing notes. They also turn on medical questions about when the injury happened and whether it could have been prevented.

Experts

Under A.R.S. 12-2603, the person bringing a claim against a health care professional must certify whether expert testimony is needed. If it is, a preliminary expert opinion affidavit must be served with the initial disclosures, and if a required affidavit is not filed and served, the court shall dismiss the claim without prejudice. Under A.R.S. 12-2604, if a defendant is or claims to be a specialist, the standard-of-care expert generally must be in the same specialty. A case involving an anesthesia provider, a surgeon and a hospital may need more than one expert. Our page on the expert affidavit requirement explains these rules.

How Arizona treats long-term losses

A brain injury can mean care and lost earnings for years. Two parts of Arizona law matter here.

First, 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, with one narrow exception for crime victims (Article 2, Section 31, and Article 18, Section 6). Arizona does not cap malpractice damages by statute. That does not mean any particular amount will be recovered. Our page on whether damages are capped in Arizona explains this in more detail.

Second, in a malpractice trial involving future damages, any party may elect to receive or pay future economic damages in periodic installments instead of a lump sum (A.R.S. 12-582). If that happens, the jury makes separate findings for past damages, future noneconomic loss, and future health care costs and other economic losses year by year (A.R.S. 12-584).

Wondering how a brain injury claim would account for future care? Request a free case review.

Deadlines

• A.R.S. 12-542 generally requires a malpractice lawsuit within two years after the cause of action accrues. In Walk v. Ring (2002), the Arizona Supreme Court said a claim accrues when a reasonable person would be on notice to investigate whether the injury came from someone’s wrongdoing.
• Arizona has a tolling statute, A.R.S. 12-502, for minors and people of unsound mind, for the claims it covers. Whether it applies to a person with a brain injury is a legal question. Check any such deadline with a lawyer.
• If the injury led to death, the two years for a wrongful death claim run from the date of death. See wrongful death after a medical error.
• Care at a city, county or state facility needs a notice of claim within 180 days (A.R.S. 12-821.01), and a lawsuit within one year (A.R.S. 12-821).

Our page on the Arizona statute of limitations sets these clocks out side by side. Sending our form does not stop or pause any deadline.

What to gather this week

• the date, place and type of procedure or care, and who was involved
• what you were told about what happened, by whom, and when
• discharge papers, rehabilitation records and any diagnosis of brain injury
• a list of every facility and practice involved before and after the injury
• notes on your family member’s needs now, such as therapy, care at home and missed work

Ask for the complete records, including anesthesia records and monitoring data. Our page on how to get medical records in Arizona explains how, including for a family member who cannot make the request themselves.

Frequently asked questions

Is a brain injury after surgery medical malpractice?

Not automatically. Under A.R.S. 12-563, a claim must prove that a provider failed to use the care, skill and learning expected of a reasonable, prudent provider in the same or similar circumstances, and that this failure was a proximate cause of the injury.

Does Arizona cap damages in a brain injury malpractice case?

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, with a narrow exception for crime victims. That does not mean any particular amount will be recovered.

Can future medical costs be paid over time?

In a malpractice trial involving future damages, any party may elect to receive or pay future economic damages in periodic installments instead of a lump sum under A.R.S. 12-582.

Does the deadline change if the injured person cannot manage their own affairs?

Arizona has a tolling statute, A.R.S. 12-502, for minors and people of unsound mind, for the claims it covers. Whether it applies in a particular case is a legal question, so check any deadline with a lawyer. Sending our form does not stop or pause any deadline.