Medical negligence settlements
in Arizona.
Arizona’s constitution bars caps on injury damages, so malpractice verdicts stand at what the jury decides. Offers of judgment raise the stakes on both sides: a hospital district that ignored a $3.95 million offer paid sanctions on top of a $4.25 million verdict, and a family that lost at trial paid the hospital’s.
Facts that decide a medical negligence claim in Arizona
| No damages caps | “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.”Ariz. Const. art. 2, § 31 |
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| Deadline to sue | Two years after the cause of action accrues for injuries to the person, including medical malpractice.A.R.S. § 12-542 |
| Settling with the surgeon | A stipulated dismissal of a surgeon does not stop a claim against the hospital or group for its own negligence, even if that claim requires proof of the surgeon’s negligence.Kopp v. Physician Group of Arizona (Ariz. 2018) |
| Fault rule | Pure comparative fault: if the jury finds you partly at fault, “the claimant’s action is not barred, but the full damages shall be reduced in proportion” to your share.A.R.S. § 12-2505(A) |