When medical care goes wrong, the results can be devastating. Patients trust doctors, nurses, and hospitals to help, not cause harm. You may have the right to pursue a medical malpractice claim when that trust is broken. But many Arizona residents ask the same question: Is there a limit on how much compensation I can receive? Understanding this is crucial before moving forward. Arizona law does not impose caps on damages in medical malpractice cases, meaning there is no set limit to what victims can be awarded. Let’s break down what this means for you and your potential case.
What Are Damage Caps?
Damage caps limit the amount of money a plaintiff can recover in a lawsuit, regardless of what a jury awards. In personal injury and medical malpractice cases, these caps usually apply to non-economic damages such as pain, emotional suffering, and loss of enjoyment of life.
States across the country approach damage limits in different ways. Some impose caps in specific situations, while others restrict both economic and non-economic damages. Arizona, however, clearly states that damage caps are prohibited.
Arizona’s Constitution Protects Victims’ Rights
Unlike many states, Arizona does not allow caps on damages in personal injury or wrongful death cases. This is spelled out in Article 2, Section 31 of the Arizona Constitution, which says:
“No law shall be enacted in this State limiting the amount of damages to be recovered for causing the death or injury of any person.”
That means if you were injured by medical negligence – or any other harmful act – you could pursue full compensation, including for intangible harm like chronic pain or emotional trauma.
This applies to claims based on negligence, strict liability, or intentional misconduct. Whether your injury stems from a surgical error, misdiagnosis, defective medical device, or prescription mistake, Arizona law does not set an arbitrary ceiling on what your case may be worth.
What This Means for Medical Malpractice Cases
If you file a medical malpractice claim in Arizona, the absence of damage caps could significantly affect your recovery. Consider these examples:
- A mother loses her ability to have children after a botched procedure
- A man lives with permanent brain damage due to delayed treatment
- A child suffers from long-term disabilities from a birth injury
In each case, non-economic damages may make up a significant part of the verdict. The harm done goes far beyond lost wages or medical bills. It affects your quality of life. And under Arizona law, that emotional toll counts.
Because there are no caps, juries in Arizona can consider the full extent of suffering when awarding damages. But that does not mean awards are unlimited or guaranteed. You still must prove that the provider breached the standard of care and that the breach caused your injury.
Also, medical malpractice claims in Arizona have strict procedural requirements. Victims must file a preliminary affidavit from a qualified expert before proceeding. There are also deadlines known as statutes of limitations, which typically give victims just two years from the date of injury or discovery of the injury to file suit.
Why Legal Guidance Matters
Medical malpractice cases in Arizona are complex. Hospitals and insurance companies often fight hard to avoid liability. It’s not enough to show a mistake – you must prove it qualifies as malpractice and caused measurable harm. That takes strategy, strong evidence, and expert support.
The sooner you speak with a qualified attorney, the better your chances of protecting your rights and holding the provider accountable.
At Gill Law Firm, we represent victims of medical negligence across Arizona. Our team understands how to build strong cases and challenge even the most powerful healthcare systems.
If a medical error harmed you or someone you love, we are here to help. Fill out our contact form today to get started. We’ll review your case and explain your next steps.