Category: court of appeals

With change, breaking news, and uncertainty dominating the legal concerns of health care providers on a federal level, it remains important to review and refresh on state-level concerns and legal rules. This is especially true for those currently or frequently involved in health care litigation. In particular, Arizona appellate courts issued three decisions early this year of which health care providers may wish to take note. First, in Stafford v. Burns, 756 Ariz. Adv. Rep. 34 (App Div. 1 January 17, 2017), the Arizona Court of Appeals held that the heightened standard of proof for claims against a health care professional set forth in A.R.S. s 12-572(A) (“clear and convincing evidence” instead of a preponderance of the evidence) applies broadly “whenever the acts or omissions the plaintiff contends were deficient were provided in the course of evaluating and treating a patient in a hospital emergency department.” The heightened standard of proof of proof under the statute applies when services are provided in compliance with the federal Emergency Medical Treatment and Active Labor Act. The appellant had argued for a narrower interpretation that would have ratcheted down the burden of proof … Continue reading →