Arizona medical malpractice laws Archives - Medical Malpractice Lawyers

Arizona Supreme Court Rules COVID-19 Immunity Statute Unconstitutional

October 29, 2025

The Supreme Court of the State of Arizona stated in its September 12, 2025 Opinion: “This case requires us to determine whether A.R.S. § 12-516(A) violates the Arizona Constitution’s anti-abrogation clause by barring claimsfor ordinary negligence but allowing claims for wilful misconduct or[...]

Arizona Supreme Court Clarifies Clear And Convincing Evidence Standard Of Proof Involving Emergency Department Malpractice Claims

October 27, 2025

Under A.R.S. § 12-563(2), a plaintiff in a medical malpractice action must prove that “the failure of a health care provider to follow the accepted standard of care . . . was a proximate cause of the injury.” This is a prima facie element of a medical malpractice claim. A separate statute, A.R.[...]

Arizona Supreme Court Holds Expert Opinion Required In Prescription Drug Malpractice Claim

October 19, 2024

To prevail on a negligence claim concerning medical malpractice in Arizona, a plaintiff must prove that the defendant doctor failed to meet the standard of care required of a health care professional in the doctor’s field of practice. Pursuant to A.R.S. § 12-2603, a plaintiff is required to certi[...]

Arizona Supreme Court Discusses Requirements For Experts Regarding Prison Medical Malpractice Claims

December 18, 2023

Background Facts In December 2015, David Windhurst (“David”) was incarcerated at the Arizona State Prison in Florence. David was paraplegic and had various chronic medical issues, including diabetes mellitus, hypertension, obesity, kidney disease, and injuries to his back and buttocks. Because o[...]

Arizona Appellate Court Rules No Expert Needed In Cipro Failure To Warn Medical Malpractice Case

July 11, 2023

Court Rules No Expert Needed In Cipro Failure: David Francisco and his wife, Kimberley Francisco, appealed the superior court’s dismissal with prejudice of their medical negligence claim against Kevin Art, M.D. (“Dr. Art”) and Affiliated Urologists, Ltd. (collectively, “the Practice”) base[...]

Arizona Supreme Court Discusses One-Expert Rule In Medical Malpractice Cases

October 2, 2022

Court Discusses One-Expert Rule In Malpractice Cases: One-Expert Rule Arizona’s One-Expert Rule in Arizona medical malpractice cases states: “Generally. Unless the parties agree or the court orders otherwise for good cause, each side is presumptively entitled to call only one retained or[...]

Arizona Supreme Court Rules Order Dismissing Physician Defendants In Medical Malpractice Case Was Not An Appealable Final Judgment

February 16, 2022

The Supreme Court of the State of Arizona {“Arizona Supreme Court”) stated in its opinion dated January 20, 2022 in a medical malpractice case involving the vicarious liability of a hospital for the alleged negligent actions of its employees: “This case presents the issue of whethe[...]

Arizona Supreme Court Holds Jury Cannot Infer Causation In Medical Malpractice Case

August 1, 2021

The Supreme Court of the State of Arizona (“Arizona Supreme Court”) held in its opinion dated July 30, 2021: “a jury in a medical malpractice case may not be left to “infer” causation without the guidance of expert testimony where the cause of death is disputed and not obvious [...]

Arizona Appellate Court Affirms New Trial For Defendants In Medical Negligence Lawsuit

August 19, 2020

The Arizona Court of Appeals Division One (“Arizona Appellate Court”) held in its Memorandum Decision filed on July 14, 2020 that the trial court did not err in granting a new trial to an Arizona medical malpractice defendant because the defendant was wrongfully denied a jury instruction[...]

Arizona Appellate Court Affirms Summary Judgment For Defendant Surgeon In Res Ipsa Loquitur Medical Malpractice Claim

August 18, 2019

The Arizona Court of Appeals Division One (“Arizona Appellate Court”), in its Memorandum Decision filed on July 30, 2019, held that the Arizona medical malpractice plaintiff’s reliance on res ipsa loquitur in her claim against the defendant surgeon failed because her expert’s[...]

Arizona Supreme Court Discusses “Original Tortfeasor Rule” In Medical Malpractice Appeal

August 6, 2016

In its opinion filed on July 18, 2016, the Supreme Court of the State of Arizona (“Arizona Supreme Court”) discussed, and limited, the application of the “original tortfeasor rule” (“OTR”) in a medical malpractice case. The Arizona Supreme Court held that the OTR�[...]

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