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AZ HB2546

Bill

Status

Introduced

1/25/2010

Primary Sponsor

David Gowan

Click for details

Origin

House of Representatives

Forty-ninth Legislature - Second Regular Session (2010)

AI Summary

  • Amends Arizona Revised Statutes section 12-563 regarding necessary elements of proof in health care provider liability actions.

  • Maintains two existing required elements for proving injury resulted from failure to follow accepted standard of care: (1) failure to exercise reasonable care and skill expected of a prudent health care provider, and (2) that such failure was a proximate cause of injury.

  • Changes the burden of proof standard for health care provider liability from "shall be" to "are" necessary elements, and requires these elements be established by clear and convincing evidence rather than a lower standard.

  • Establishes that a health care provider is not liable for civil or other damages unless the necessary elements of proof are established by clear and convincing evidence.

Legislative Description

Medical malpractice actions; burden

Last Action

Referred to House JUD Committee

1/26/2010

Full Bill Text

No bill text available