Recent Arizona News
High Court’s Contempt for Lawmakers’ Authority, Lawsuit Rackets Place Florida atop Latest ‘Judicial Hellholes’ List
WASHINGTON, D.C., December 5, 2017 – The American Tort Reform Foundation issued its 2017-2018 Judicial Hellholes® report today, naming courts in Florida, California, Missouri, New York, Pennsylvania, New Jersey, Illinois and Louisiana among the nation’s “most unfair”...
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). |