Arizona Medical Malpractice Settlement Calculator
Estimate Arizona medical malpractice settlement — NO cap (Constitution Art 2 §31). Real Arizona statutes, landmark verdicts, attorney fee structure.
Last reviewed: April 2026
AZ: NO DAMAGE CAP — Arizona Constitution Art. 2 §31 prohibits caps. 2-year SOL, NO statute of repose. Pure comparative negligence. Banner Health $31.5M verdict 2024 = largest in AZ history.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
How Your Estimate Compares
Based on 529,804 medical malpractice payments reported to the National Practitioner Data Bank (2000–2025):
Based on 459,526 real payments, similar cases in CA settle between $14K – $55K.
Average
$141K
Median
$28K
Cases
53,535
Source: NPDB analysis. Malpractice cases only. Payments are range-coded; midpoints used for calculations.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Arizona Medical Malpractice — Key Framework
Arizona has NO statutory cap on medical malpractice damages — non-economic, economic, or punitive. The Arizona Constitution Art. 2 §31 and Art. 18 §6 explicitly prohibit the legislature from capping tort damages. No legislation to introduce caps has been seriously advanced as of 2026.
SOL: 2 years from when the injury was or reasonably should have been discovered (A.R.S. §12-542). NO statute of repose — no absolute outer deadline. Minors: tolled during entire minority (under 18); 2 years runs from 18th birthday.
Expert affidavit required within 30 days after defendant's answer (A.R.S. §12-2602). Pure comparative negligence (A.R.S. §12-2505) — recovery reduced by plaintiff's fault percentage but never barred, even at 99% fault.
Key AZ Med-Mal Statutes
Arizona med-mal framework key provisions:
Arizona Constitution Art. 2 §31 + Art. 18 §6
Constitutional Cap ProhibitionStandard: Legislature cannot cap tort damages
A.R.S. §12-542
Med-Mal SOLStandard: 2 years from discovery; no repose
A.R.S. §12-2602
Expert Affidavit (post-answer)Standard: Within 30 days after defendant's answer
A.R.S. §12-2505
Pure Comparative NegligenceStandard: Recovery reduced by fault %; never barred
Recovery Structure
Economic damages: medical bills, lost wages, future care. Non-economic: pain & suffering, loss of consortium. Punitive: rare in med-mal, requires gross negligence or intentional harm. State-specific caps and exceptions apply — see Damage Caps section.
Expert Requirements + Attorney Fees
Expert testimony required: standard of care + deviation + causation must be established by qualified expert. Pre-suit affidavit/certification: see Statutes section for state-specific requirements. Attorney fees: typically 33-40% contingency, no recovery = no fee.
Damage Caps
NO statutory damage caps — Arizona Constitution Art. 2 §31 prohibits the legislature from capping tort damages. Arizona is one of only ~10 states with constitutional protection against caps. Combined with pure comparative negligence, this makes AZ one of the most plaintiff-friendly med-mal jurisdictions in the US.
AZ Med-Mal Verdicts + Averages
Arizona verdicts and average payouts reflect state-specific framework:
| Amount | Year | Case / Injury |
|---|---|---|
| $31.6M | 2024 | Griepentrog v. Banner Health — Birth injury / cerebral palsy / Pitocin-induced oxygen deprivation (LARGEST IN AZ HISTORY) |
| $12M | — | Undisclosed v. Provider — Wrong drug administered / medication error |
| $352K | — |
Arizona Medical Malpractice FAQs
Does Arizona have a cap on medical malpractice damages?
No — Arizona Constitution Art. 2 §31 and Art. 18 §6 prohibit the legislature from capping tort damages. This is constitutional protection (not just statutory), so caps cannot be enacted without amending the state constitution. No serious cap legislation has advanced as of 2026.
What is the Arizona medical malpractice statute of limitations?
2 years from discovery under A.R.S. §12-542 — the clock starts when the injury was or reasonably should have been discovered. No statute of repose in Arizona — no absolute deadline if injury remains undiscovered. Minors: SOL tolled during entire minority; 2 years run from 18th birthday.
Do I need an expert affidavit in Arizona?
Yes — A.R.S. §12-2602 requires a preliminary expert affidavit no later than 30 days after defendant's answer. The affidavit must identify the standard of care, deviation, and proximate causation. A certification at filing must state whether expert testimony will be required.
How does pure comparative negligence work in Arizona?
Under A.R.S. §12-2505, your recovery is reduced by your fault percentage but never barred — even if you're 99% at fault, you recover 1% of damages. Example: 30% at fault on $1M verdict = $700K recovery. Compare to NC/VA (pure contributory) where 1% fault = $0 recovery.
What was the Banner Health $31.5M verdict?
Griepentrog v. Banner Health (Nov 2024) — birth injury case involving cerebral palsy from Pitocin-induced oxygen deprivation. Largest med-mal verdict in Arizona history. An additional $2M in fees and costs was awarded. Banner reportedly made no settlement offers before trial.
Pending AZ Med-Mal Issues
Active legal developments (as of April 2026):
- AZ constitutional protection against caps is robust but periodically challenged in the legislature — track AZ House/Senate bills targeting Art. 2 §31.
- 30-day post-answer affidavit deadline (A.R.S. §12-2602) is unusual — most states require affidavit at filing. Pre-suit prep can be lighter than NC/GA.
- Maricopa County (Phoenix) jury awards trend higher than Pima/Pinal Counties — venue strategy matters.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.azleg.gov/ars/12/00542.htm
- www.azleg.gov/ars/12/02505.htm
- www.nolo.com/legal-encyclopedia/what-the-arizona-statute-limitations-medical-malpractice-lawsuit.html
- blog.cvn.com/plaintiff-atty-says-31.5m-med-mal-verdict-largest-in-az-history-watch-trial-online-via-cvn
Other State Medical Malpractice Calculators
New York
NO caps, 2.5-yr SOL, Lavern's Law cancer exception, $595M 2024 (highest US)
California
MICRA 2026: $470K/$650K caps phasing to $750K/$1M by 2033
Florida
NO caps post-Estate of McCall 2014, §766.106 pre-suit + expert affidavit
Texas
$250K/$750K hard caps never inflation-adjusted, §74.351 expert report fatal
Illinois
NO caps post-Lebron 2010, §5/2-622 expert affidavit at filing, Cook County
Pennsylvania
NO caps (constitutional bar Art. III §18), MCARE Act, 2-yr SOL
Ohio
$250K/$500K caps (R.C. §2323.43), 1-yr SOL, affidavit of merit
New Jersey
NO general cap, $350K punitive cap, Affidavit of Merit Statute
Michigan
$521K/$929K caps (MCL §600.1483), 6-mo notice + 182-day pre-suit
Washington
NO caps (Sofie 1989), 3-yr SOL, certificate of merit RCW §7.70.150
Georgia
NO non-economic cap (Nestlehutt 2010), $250K punitive cap, 2-yr SOL + 5-yr repose, OCGA §9-11-9.1 affidavit required
North Carolina
$712,847 cap (CPI-indexed), PURE CONTRIBUTORY (any fault = $0), 3-yr SOL + 4-yr repose, Rule 9(j) certification
Massachusetts
$500K cap (NOT inflation-indexed, jury-lifted exceptions), Tribunal §60B, 3-yr SOL + 7-yr repose, modified comparative 51%
Virginia
$2.70M TOTAL cap (combined econ+non-econ), PURE CONTRIBUTORY (any fault = $0), 2-yr SOL + 10-yr repose, §8.01-20.1 certification
Colorado
$530K cap (2026, rising to $875K by 2029 under HB24-1472), Banner Health v. Gresser 2025 = $39.8M cap-exceedance, 2-yr SOL + 3-yr repose, modified comparative 50%
Maryland
$920K cap (2026, +$15K/yr fixed from 2009 $650K base), MANDATORY HCADRO pre-suit arbitration, 3-yr SOL or 5-yr repose (earlier of), Certificate of Qualified Expert §3-2A-04(b)
Missouri
Dual cap $481K non-cat / $842K cat (2026, +1.7%/yr). Original cap struck Watts 2012, reinstated 2015 as statutory cause. 2-yr STRICT occurrence (no discovery rule). Pure comparative fault.
Minnesota
NO cap. SOL just cut 4→2 years (Aug 2025, SF3489). Mandatory 2-affidavit expert system §145.682. Modified comparative 50%. Thapa $111M (2022) largest MN history, reduced to $11.25M.
Indiana
$1.8M TOTAL cap (provider $500K + PCF $1.3M). PURE CONTRIBUTORY for qualified providers (any fault = $0). Mandatory 3-doctor review panel pre-suit. 2-yr strict occurrence (no discovery rule).
Main Medical Malpractice Calculator
Nationwide med-mal overview
Other Calculators for Arizona
Each Arizona calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Arizona verdict data where available.