How a Medical Malpractice Claim Works in Arizona

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

A medical malpractice claim in Arizona follows a set order of steps, and many of them carry a time limit set by a statute or a court rule. This page takes the stages in order, keeps each one short, and links to the page that covers it in depth. It does not estimate how long a case will take or how one will end.

The stages, in order

1. Before anything is filed.
2. Filing the lawsuit, serving each defendant, and the answer.
3. The early case: the Scheduling Order, disclosures and the exchange of medical records.
4. Discovery and expert witnesses.
5. A settlement conference or private mediation.
6. Trial.
7. Appeal.

A case can settle or be dismissed along the way, so not every claim reaches every stage.

Stage 1: Before anything is filed

Getting the medical records

Most claims start with the records. Under A.R.S. 12-2293, a patient or the patient’s health care decision maker can ask in writing for copies of the patient’s medical and payment records. For a request made for litigation, or for a deceased patient’s records, the provider has up to 30 calendar days to respond. Our page on how to get your medical records in Arizona covers the request step by step.

Checking the deadlines

The general deadline for a malpractice lawsuit is two years after the cause of action accrues, and for a death, two years from the date of death (A.R.S. 12-542). When a claim “accrues” is often the hard part, and A.R.S. 12-502 has separate tolling rules for minors and people of unsound mind. Our page on the Arizona medical malpractice statute of limitations explains both. Sending our form does not stop or pause any deadline.

If a public body or public employee was involved

Claims against a public entity, public school or public employee add an earlier step. A.R.S. 12-821.01 requires a notice of claim within 180 days after the cause of action accrues, filed with the person or persons authorized to accept service. It must include a specific amount for which the claim can be settled, and a late claim is barred. Separately, a lawsuit against a public entity or public employee must be brought within one year after the cause of action accrues (A.R.S. 12-821). Our page on claims against public hospitals in Arizona covers both steps. Care at a federal facility, such as a VA hospital, follows different rules not covered here, so ask a lawyer soon. Our form does not stop or pause either Arizona deadline.

Talking to a lawyer, and how fees work

Whether a claim can go forward is a question for a lawyer. If a lawyer takes the case for a contingent fee, Arizona’s ethics rule on fees (ER 1.5) requires a written agreement signed by the client. It must state the percentage for settlement, trial or appeal, and how expenses are handled, including any the client owes even after a loss. Our page on how medical malpractice lawyers are paid in Arizona goes through fees and costs.

A board complaint is a separate process

A complaint to a licensing board is a separate process and does not file a lawsuit. The Arizona Medical Board regulates medical doctors (MDs) within the limits of the Arizona Medical Practice Act, and it says information from its investigation cannot be used in a malpractice lawsuit. Our page on a Medical Board complaint versus a lawsuit also covers where complaints about other providers go.

Stage 2: Filing the lawsuit

In Maricopa County, the Superior Court hears civil cases involving more than $10,000, and justice courts hear those involving $10,000 or less. A lawsuit starts with a complaint, and Arizona’s malpractice statutes add two rules to it:

• The complaint may not state a dollar amount of damages. It may say only that the minimum amount for filing in that court is met (A.R.S. 12-566).
• For a claim against a health care professional, the claimant or the claimant’s attorney must certify in writing, filed and served with the claim, whether expert opinion testimony is necessary to prove the standard of care or liability (A.R.S. 12-2603(A)).

Attorneys must eFile in civil cases in Maricopa County Superior Court. For people representing themselves, eFiling is optional.

Serving each defendant

The summons and complaint are served together, by a sheriff, a constable, a certified private process server or someone the court appoints. Each defendant generally has to be served within 90 days after the complaint is filed. Missing that date does not mean the case is automatically thrown out. Under Rule 4(i), the court must either dismiss without prejudice against that defendant or order service by a set date, and it must extend the time if the plaintiff shows good cause.

A government defendant is served through a named official, such as the Attorney General for the State of Arizona, the clerk of the Board of Supervisors for a county, or the clerk of a city or town (Rule 4.1(h)). That is how the lawsuit itself is delivered. It is a different requirement from the 180-day notice of claim, which comes before any lawsuit.

The defendant’s answer

A defendant served in Arizona generally has 20 days after service to file and serve an answer or other response (Rule 12(a)). Different times apply to a defendant served outside Arizona and to one who agreed to waive formal service. Sending our form does not stop or pause any of these time limits.

Stage 3: The early weeks of the case

Early Meeting and Scheduling Order

Once a defendant answers or files a motion directed at the complaint, that party and the plaintiff must meet and confer about the course of the case. Rule 16 calls this the Early Meeting, and it must happen no later than 30 days after the answer or motion, or 120 days after the case began, whichever comes first. Within 14 days after it, the parties file a Joint Report and a proposed Scheduling Order, and the court then issues its Scheduling Order.

The discovery tier

Rule 26.2 sorts civil cases into three tiers that set limits on discovery. Medical malpractice cases generally belong in Tier 3, the tier with the largest limits, absent unusual circumstances.

Initial disclosures and the expert affidavit

The plaintiff’s initial disclosure is generally due no later than 30 days after the first responsive pleading to the complaint (Rule 26.1(f)(1)). If the plaintiff certified that expert testimony is needed, a preliminary expert opinion affidavit must be served with those disclosures (A.R.S. 12-2603(B)). If a required affidavit is not filed and served, the court must dismiss the claim without prejudice. The statute’s time to cure covers only an affidavit that is said to be insufficient. Our page on the expert affidavit in Arizona medical malpractice cases explains what it must contain.

The medical records exchange (Rule 26.3)

Within 5 days after a defendant files an answer or a motion responding to the complaint, the plaintiff must serve that defendant with the plaintiff’s available relevant medical records and a medical records authorization. Within 10 days after the plaintiff serves records, each defendant must serve the plaintiff and all other parties with the relevant records it has. The clock runs separately for each defendant, from that defendant’s answer or motion. This rule was numbered 26.2 before July 1, 2018, so older material may use the old number.

Under Rule 26.3(b), both sides disclose their standard-of-care and causation experts at the same time, unless the parties agree otherwise or the court orders otherwise for good cause. Sending our form does not stop or pause any deadline in this stage.

Stage 4: Discovery and expert witnesses

In a Tier 3 case, Rule 26.2 gives each side 30 total hours of fact witness depositions, a set number of written requests, and 240 days to finish discovery, counted from the Early Meeting.

The plaintiff has to prove the two elements in A.R.S. 12-563: that the provider failed to use the care, skill and learning expected of a reasonable, prudent provider in the same profession or class in Arizona, in the same or similar circumstances, and that this failure was a proximate cause of the injury. Our guide to Arizona medical malpractice law covers those elements and the other statutes.

A.R.S. 12-2604 limits who may testify about the standard of care. The witness must be licensed as a health professional in Arizona or another state. If the defendant is or claims to be a specialist, the witness must be in the same specialty. In the year immediately before the events of the lawsuit, the witness must have spent a majority of their professional time in active clinical practice or teaching in that field. A witness whose fee depends in any way on the outcome of the case may not testify.

Stage 5: Settlement conference or mediation

The Scheduling Order sets a deadline for a Rule 16.1 settlement conference or a private mediation. Unless the court orders otherwise for good cause, it must be no more than 15 months after the case began and no later than 60 days after discovery is set to close. Without the court’s permission, no trial date is set unless the parties certify that they have held one or will by a date the court approves. Sending our form does not stop or pause any of these dates.

In Maricopa County

Maricopa County Superior Court’s Alternative Dispute Resolution (ADR) Department holds settlement conferences with a judge pro tempore, or parties can use private mediation. The court says the judge presiding over a case generally makes the referral to ADR. The court also offers a Short Trial: a binding, one-day jury trial with a judge pro tempore and four jurors, three of whom must agree. It is optional and cannot be forced on the parties, and the court lists medical malpractice among the civil matters it is suitable for. Compulsory arbitration is a separate program. In Maricopa County it covers cases where the largest amount sought is $50,000 or less, and a plaintiff seeking more than $50,000 is not subject to it.

If the claim settles

A settlement of a claim brought for a minor, or for an adult in need of protection, is not binding until a judicial officer approves it (Rule 16.3). When a malpractice case settles or ends in a money judgment, A.R.S. 12-570 requires reports to the provider’s licensing board, including a notice from the plaintiff’s attorney within 30 days. A confidentiality clause in the settlement does not cancel that duty.

Have questions about where a claim like yours would start? Request a free case review.

Stage 6: Trial

Since January 1, 2023, a civil jury in Superior Court has eight jurors, and all but two must agree on the verdict (A.R.S. 21-102(C)). The verdict does not have to be unanimous. The parties may waive a jury or agree to a smaller number.

How much proof is needed

Two statutes raise the standard of proof to clear and convincing evidence, a higher standard than the usual one, in narrow situations. A.R.S. 12-572 covers care for a patient of a licensed hospital in compliance with the federal emergency treatment law, or as a result of a disaster. A.R.S. 12-573 covers a physician handling an emergency labor or delivery 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 with an agreement to attend the delivery, with an exception when the patient was seen regularly and the records were immediately available. Neither covers all emergency room care. Our page on emergency room malpractice in Arizona explains 12-572.

When the patient shares some fault

Under A.R.S. 12-2505, a plaintiff who was partly at fault is not barred, but the damages are reduced in proportion to the plaintiff’s share of fault. Whether that applies is a question for the jury. It does not help a claimant who intentionally, wilfully or wantonly caused or contributed to the injury.

Stage 7: After trial

A notice of appeal from a civil judgment is generally due no later than 30 days after the judgment is entered, and certain motions filed after judgment can change when that time starts (Rule 9 of the Arizona Rules of Civil Appellate Procedure). The notice is filed with the Clerk of the Superior Court, not with the Court of Appeals, and a filing fee is required. Appeals from the Maricopa and Yavapai County Superior Courts go to Division One of the Arizona Court of Appeals, which sits in Phoenix. No more than three judges hear a matter, and two of the three are enough to decide it (A.R.S. 12-120). Sending our form does not stop or pause the time to appeal.

The rule-based steps on one timeline

The table lists only steps that a statute or court rule ties to a time. It is not an estimate of how long a case takes.

Time limits in Arizona statutes and court rules for a medical malpractice case. Many have exceptions. Sending our form does not stop or pause any of them.

Step	Time limit	Source
Notice of claim (public entity, public school or public employee)	180 days after the cause of action accrues	A.R.S. 12-821.01
Lawsuit against a public entity or public employee	One year after the cause of action accrues	A.R.S. 12-821
Malpractice lawsuit, general rule	Generally two years after the cause of action accrues; for a death, two years from the death	A.R.S. 12-542
Service of summons and complaint	Generally 90 days after the complaint is filed	Rule 4(i)
Defendant’s answer	Generally 20 days after service in Arizona	Rule 12(a)
Plaintiff’s records to a defendant	5 days after that defendant answers or files a responsive motion	Rule 26.3(a)(1)
Each defendant’s records	10 days after the plaintiff serves records	Rule 26.3(a)(2)
Early Meeting	30 days after an answer or motion, or 120 days after the case began, whichever is first	Rule 16(b)(1)
Plaintiff’s initial disclosure, with any required expert affidavit	Generally 30 days after the first responsive pleading	Rule 26.1(f)(1); A.R.S. 12-2603(B)
Discovery in a Tier 3 case	240 days, counted from the Early Meeting	Rule 26.2(f)(3)
Settlement conference or private mediation	Generally no more than 15 months after the case began	Rule 16(c)(3)(I)
Notice of appeal	Generally 30 days after the judgment is entered	ARCAP Rule 9(a)

Frequently asked questions

How long does a medical malpractice case take in Arizona?

We do not give an overall length for a case. The rules set time limits for some steps, such as 240 days for discovery in a Tier 3 case, counted from the Early Meeting. A lawyer handling a case can explain its schedule.

Does a malpractice complaint in Arizona say how much money is sought?

No. A.R.S. 12-566 says no dollar amount or figure may be included in a medical malpractice complaint. The complaint may state that the minimum jurisdictional amount for filing is met.

Is an expert needed to file a medical malpractice lawsuit in Arizona?

A.R.S. 12-2603 requires the claimant to certify, with the claim, whether expert opinion testimony is necessary to prove the standard of care or liability. If it is, a preliminary expert opinion affidavit must be served with the initial disclosures. The court must dismiss the claim without prejudice if a required affidavit is not filed and served.

How many jurors decide an Arizona malpractice trial?

Since January 1, 2023, a civil jury in Superior Court has eight jurors, and all but two must agree on the verdict under A.R.S. 21-102(C). The verdict does not have to be unanimous.

Does sending your form pause a deadline?

No. Sending our form does not stop or pause any deadline. A deadline is met only by the step the law requires, such as filing a notice of claim or a lawsuit on time. If you think a deadline may be close, contact a lawyer directly.