Medical Malpractice Statute of Limitations in Arizona
Last verified 2026-07 · Source: A.R.S. § 12-542 ✓ verified · 3 sources
The deadline
2 years
from the date the cause of action accrues, when the plaintiff knows or reasonably should know of the injury and that it was caused by negligence, under A.R.S. § 12-542.
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If you're researching medical malpractice claims in Arizona, the single most important number is 2 years. That's how long A.R.S. § 12-542 gives you to file a medical malpractice claim, counted from the date the cause of action accrues, when the plaintiff knows or reasonably should know of the injury and that it was caused by negligence. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Arizona Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | A.R.S. § 12-542 |
| Car Accident | 2 yrs | A.R.S. § 12-542(1) |
| Credit Card Debt | 6 yrs | Ariz. Rev. Stat. § 12-548(A) |
| Wrongful Death | 2 yrs | Ariz. Rev. Stat. § 12-542; § 12-611; § 12-612 |
| Personal Injury | 2 yrs | A.R.S. § 12-542 |
| Dog Bite | 2 yrs | A.R.S. § 11-1025 (strict liability dog bite); SOL: A.R.S. § 12-542 |
| Slip and Fall | 2 yrs | A.R.S. § 12-542 |
| Defamation | 1 yr | A.R.S. § 12-541(1) |
| Breach of Contract | 6 yrs | Ariz. Rev. Stat. § 12-548 |
| Medical Debt | 6 yrs | A.R.S. § 12-548 |
When the Clock Starts
In Arizona, the limitations period for medical malpractice claims generally begins on the date the cause of action accrues, when the plaintiff knows or reasonably should know of the injury and that it was caused by negligence. Arizona recognizes a discovery rule for this claim type: The two-year period runs from accrual under the discovery rule — when the plaintiff knows or reasonably should know of the injury and its negligent cause; Arizona has no medical-malpractice statute of repose.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: A notice of claim against a public entity or public hospital must be filed within 180 days after the claim accrues (A.R.S. § 12-821.01), and suit must be filed within one year (A.R.S. § 12-821).
The Arizona Constitution, Art. 2, § 31, bars any law limiting the amount of damages for death or personal injury, so Arizona has NO cap on medical-malpractice damages; a claimant must serve a preliminary expert opinion affidavit (A.R.S. § 12-2603).
Source: A.R.S. § 12-542, official Arizona statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Arizona government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Arizona Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Arizona | 2 years | A.R.S. § 12-542 |
| California | 3 yrs | Cal. Code Civ. Proc. § 340.5 |
| Nevada | 3 yrs | Nev. Rev. Stat. § 41A.097 |
| Utah | 2 yrs | Utah Code § 78B-3-404 |
| New Mexico | 3 yrs | NMSA 1978 § 41-5-13 |
| Colorado | 2 yrs | C.R.S. § 13-80-102.5 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Arizona?
You have 2 years from the date the cause of action accrues, when the plaintiff knows or reasonably should know of the injury and that it was caused by negligence, under A.R.S. § 12-542.
Can I still sue after 2 years in Arizona?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Arizona?
Yes. The two-year period runs from accrual under the discovery rule — when the plaintiff knows or reasonably should know of the injury and its negligent cause; Arizona has no medical-malpractice statute of repose.
What if the victim was a minor?
Arizona generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
A notice of claim against a public entity or public hospital must be filed within 180 days after the claim accrues (A.R.S. § 12-821.01), and suit must be filed within one year (A.R.S. § 12-821).
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Sources
- Official A.R.S. § 12-542 — Arizona State Legislature
- Corroborating Arizona Revised Statutes § 12-542 — Justia
- Corroborating Arizona Medical Malpractice Statute of Limitations — Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Arizona attorney.