Recent Arizona News
September 2021 Newsletter
Good Samaritan legislation re-introduced in House of Representatives A bipartisan bill to empower medical volunteers to deliver health care during large-scale disasters was re-introduced this month in the House of Representatives. The H.R. 5239, the Good Samaritan...
March 2021 Newsletter
Personal injury lawyers spend heavily to solicit COVID-19 claims Television advertisement spending in the latter half of 2020 highlights just how aggressively personal injury lawyers are soliciting COVID-19 liability claims and plaintiffs. In a report compiled by the...
December 2017 Newsletter
Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including...
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). |