Arizona Supreme Court holds that the heightened statutory requirements for expert witnesses in a medical malpractice case do not apply to claims based on a theory of institutional liability.

A widow of a medical patient filed a medical malpractice action against a medical institution after her husband died in the care of the medical institution. On summary judgment, the medical institution argued that the widow failed to provide standard-of-care opinions regarding specific providers. Ultimately, the trial court granted summary judgment in favor of the medical institution. The court of appeals reversed, concluding that the widow’s experts gave sufficient testimony about the institutional and individual standards of care. The Arizona Supreme Court granted review. Although the Arizona Supreme Court largely affirmed, it vacated the court of appeals’ opinion to replace it with the reasoning below.

A plaintiff who brings a medical malpractice action must prove that a medical institution or individual provider fell below the applicable standard of care. Expert medical testimony is necessary to establish the applicable standard of care, and experts testifying to the standard must satisfy the requirements of Arizona Rule of Evidence 702. By statute (A.R.S. § 12-2604(A)), expert witnesses must meet additional qualifications to testify in a medical malpractice action. Those additional requirements, however, apply only to experts testifying against individuals such as a specialist, health professional, and general practitioner. Accordingly, the additional requirements in A.R.S. § 12-2604(A) do not apply to claims based on a theory of institutional liability.

Justice Beene delivered the unanimous opinion.

Posted by: Brandon T. Delgado