AZ · Health & Medical

Health & Medical in Arizona

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Arizona Law

Arizona Revised Statutes Section 12-542

Arizona imposes a two-year statute of limitations on medical malpractice claims under A.R.S. § 12-542, running from the date the patient discovered or should have discovered the negligent act. A.R.S. § 12-564 provides additional tolling rules for minors.

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Procedural Details in Arizona

Arizona requires plaintiffs in medical malpractice cases to provide a written preliminary expert opinion affidavit within the time limits set by Arizona Rules of Civil Procedure Rule 26.1 and A.R.S. § 12-2602. This affidavit must be from a qualified health care professional who attests that the defendant deviated from the standard of care. The Arizona Supreme Court struck down legislative caps on non-economic damages in malpractice cases in 2000 (Best v. Taylor Mach. Works-related rulings). Arizona operates under a pure comparative fault system. The Arizona Medical Board (AZMB) investigates complaints and has authority to discipline, suspend, or revoke licenses. Government health facility claims may require notice under A.R.S. § 12-821.01.

Arizona Agencies & Resources

Arizona Medical Board

Licenses and disciplines allopathic (MD) physicians in Arizona; accepts complaints about standard-of-care violations.

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Arizona Osteopathic Examining Board

Licenses and disciplines osteopathic (DO) physicians in Arizona.

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Arizona Department of Health Services

Oversees hospital licensing and patient rights protections in Arizona.

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Frequently Asked Questions

How long do I have to sue a doctor for malpractice in Arizona?

Arizona provides a two-year statute of limitations from the date you discovered or reasonably should have discovered the malpractice, under A.R.S. § 12-542. For minors, the period may be tolled until age 18 under § 12-564. An affidavit of merit from a qualifying expert is generally required when filing.

Does Arizona cap non-economic damages in medical malpractice cases?

Arizona courts have struck down statutory caps on non-economic damages in medical malpractice cases as unconstitutional under the Arizona Constitution's access-to-courts provisions. This means pain and suffering awards in Arizona are not subject to a hard legislative cap, unlike many other states.

What is an expert opinion affidavit in Arizona malpractice cases?

Arizona requires malpractice plaintiffs to obtain and disclose an expert affidavit from a qualifying health care professional who can attest that the defendant deviated from the applicable standard of care. Without this affidavit, the court may dismiss the case for failure to state a viable claim.

How do I file a complaint against a physician with the Arizona Medical Board?

Complaints against MD physicians may be filed with the Arizona Medical Board (azmd.gov) online or by mail. Complaints against DO physicians go to the Arizona Osteopathic Examining Board. The Board investigates and may impose public reprimands, restrict practice, or revoke licensure. Filing a complaint does not pause the civil lawsuit limitation period.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026