Recent Arizona News
September 2023 Newsletter
Liability reform returns to Georgia legislative agenda New advocacy efforts in Georgia have elevated the importance of medical liability reform, adding it to a list of business and patient-focused priorities this legislative session. Nearly 20 years ago, the state...
Court Holds Arizona’s COVID Immunity Statute Unconstitutional
Roebuck v. Mayo ClinicArizona Court of AppealsSeptember 19th, 2023 The Arizona Court of Appeals today held A.R.S. § 12-516, Arizona’s COVID immunity statute, unconstitutional. The COVID immunity statute directs that a health care professional or institution is not...
Arizona Supreme Court Limits When Juries Are Allowed to Infer Causation in Medical Malpractice Claims
SOURCE: JD SUPRA It is now a little easier for healthcare providers to defend against medical malpractice claims. Last month, in Sampson v. Surgery Ctr. of Peoria, LLC, the Arizona Supreme Court held: If the cause of a patient’s death is (1) “disputed” and...
Current Medical Liability Laws
| Damage Caps | None – Constitution prohibits limiting recoverable damages |
| Joint Liability Reform | Yes. Defendants are responsible only for their proportionate share of negligence, except where co- defendants act in concert or a person is an agent or servant of a party, or violations of duties created under the Federal Employer’s Liability Act. |
| Collateral Source Reform | Collateral Source Rule applies. Discretionary in cases of medical malpractice. Defendant may submit evidence of collateral sources of payment and claimant may submit evidence of amount paid to secure benefits. |
| Attorney Fees Limited | No. But at the request of any party the court shall review the reasonableness of each party’s attorney’s fees. |
| Periodic Payments Permitted | Found unconstitutional Smith v. Myers, 887 P.2d 541 (Ariz. 1994). |