Are Damages Capped in Arizona Medical Malpractice Cases?

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

People often ask whether Arizona limits what can be recovered in a medical malpractice case. The Arizona Constitution answers that question in two places: no law may limit the amount of damages for causing death or injury, apart from one narrow exception. That is a rule about what the Legislature can do. It says nothing about what any one case is worth. This page explains the two provisions, then the statutes that shape how damages are decided in a malpractice case.

What the Arizona Constitution says

Article 2, Section 31 says no law shall be enacted in Arizona limiting the amount of damages to be recovered for causing the death or injury of any person.

Article 18, Section 6 makes a related point in two parts. 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.”

The one exception in the text

Both sections carry the same exception. A crime victim is not subject to a claim for damages by a person who was harmed while attempting to engage in, engaging in, or fleeing after conduct classified as a felony. That exception is about crime victims. Nothing else in either section creates an exception for medical malpractice.

What “no cap” does and does not mean

The constitutional rule stops a statute from setting a dollar ceiling on damages for death or injury. It does not set a floor, promise any amount, or mean that every claim is paid. A claimant still has to prove the claim, and damages still have to be decided on the evidence.

In a malpractice case, proving the claim means meeting the two elements in A.R.S. 12-563: a failure 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 the failure was a proximate cause of the injury. If those are not proved, the absence of a cap does not matter.

Several statutes also affect how damages are presented, reduced, split among defendants or paid. They are covered below. None of them sets a cap.

Rules that shape damages in a malpractice case

Your own share of fault (A.R.S. 12-2505)

Arizona uses comparative fault. If the jury finds the claimant was partly at fault, the claim is not barred, but the full damages are reduced in proportion to the claimant’s share of fault. Whether that defense applies is a question of fact left to the jury. A claimant who intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death has no right to comparative negligence.

Each defendant’s share (A.R.S. 12-2506)

In injury and wrongful death cases, each defendant’s liability is generally “several only and is not joint.” Each defendant is liable for the damages allocated to it in proportion to its percentage of fault. The jury considers the fault of everyone who contributed to the injury, including people who are not parties, in the situations the statute describes. Assigning fault to a nonparty does not make that nonparty liable.

There are exceptions. A party is responsible for another person’s fault if they acted in concert, if the other person was acting as the party’s agent or servant, or under the federal employers’ liability act. The agent or servant exception can matter when a provider works for an organization that is also a defendant.

Insurance and other benefits (A.R.S. 12-565)

In a malpractice action, the defendant may introduce evidence of benefits paid or payable because of the injury or death, such as from health or disability insurance, Social Security or workers’ compensation. If the defendant does that, the plaintiff may respond with evidence of what the plaintiff paid for those benefits, any lien on the recovery, and any right of the benefit provider to be reimbursed or subrogated.

This is not an automatic reduction. The statute says the evidence gets whatever weight the jury (or judge, if there is no jury) chooses to give it. Unless a statute expressly permits it, a provider of collateral benefits cannot recover against the plaintiff for those benefits or be subrogated to the plaintiff’s rights.

No dollar figure in the complaint (A.R.S. 12-566)

A malpractice complaint may not include a dollar amount or figure. It may state that the minimum jurisdictional amount is met. This rule is about what goes in the complaint. It does not limit what can be awarded.

Future economic damages paid over time (A.R.S. 12-582 to 12-584)

In a trial involving future damages in a malpractice action, any party may elect to receive or pay future damages for economic losses in periodic installments rather than all at once. A party who objects must show good cause by clear and convincing evidence, or the court overrules the objection. When the article applies, the jury makes separate findings for each claimant: past damages in a lump sum, future damages for noneconomic loss in a lump sum, and future costs of health care and other economic loss by year. The article defines “noneconomic loss” as nonpecuniary harm for which damages are recoverable, not including punitive or exemplary damages.

Punitive damages

Arizona’s malpractice chapter has no general section authorizing, limiting or capping punitive damages in an ordinary malpractice case. A separate statute, A.R.S. 12-820.04, says public entities, and public employees acting within the scope of their employment, are not liable for punitive or exemplary damages. Claims against public bodies also have short deadlines, explained on our page about claims against public hospitals in Arizona. Sending our form does not stop or pause any deadline.

Have questions about the care you received? Request a free case review.

Wrongful death damages

When a patient dies, A.R.S. 12-613 says the jury gives the damages it deems fair and just for the injury the death caused to the surviving family members entitled to recover, with regard to mitigating or aggravating circumstances. The constitutional rule covers death as well as injury. Our page on wrongful death after a medical error explains who brings that claim and the deadline.

The court can review lawyer fees

Under A.R.S. 12-568, in any action under Arizona’s malpractice chapter, any party may ask the court to decide whether each party’s attorney fees are reasonable. The court must decide within twenty days of the request. The factors it considers include the time and labor required and whether the fee is fixed or contingent. Our page on how medical malpractice lawyers are paid in Arizona covers fee agreements.

What the law does not tell anyone about value

The statutes on this page say how damages are presented, reduced, divided or paid. None of them says what an injury or a death is worth, and none sets a formula. Be careful with any figure offered before someone has seen the records. A lawyer who has the records and the facts can talk with you about value.

For the other statutes that govern these claims, see our page on Arizona medical malpractice law. For the steps of a case from records to trial, see how a medical malpractice claim works in Arizona.

Frequently asked questions

Does Arizona cap medical malpractice damages?

No law may. Article 2, Section 31 and Article 18, Section 6 of the Arizona Constitution bar laws limiting the amount of damages for causing death or injury, with a narrow exception for crime victims. That does not mean any particular amount will be awarded. The claim still has to be proved.

If my health insurance paid my bills, does that reduce what I can recover?

Not automatically. Under A.R.S. 12-565, the defendant may introduce evidence of benefits such as health insurance payments, and the plaintiff may respond with evidence of what the plaintiff paid for those benefits, liens and reimbursement rights. The jury decides how much weight to give that evidence.

What if I was partly at fault?

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

Why doesn’t a malpractice complaint in Arizona list a dollar amount?

A.R.S. 12-566 says no dollar amount or figure may be included in the complaint. The complaint may state that the minimum jurisdictional amount is met. The rule does not limit what can be awarded.

Can malpractice damages be paid over time?

Future damages for economic losses can be. Under A.R.S. 12-582, any party may elect to receive or pay future economic damages in periodic installments. A party who objects must show good cause by clear and convincing evidence.