Bill Text: AZ HB2546 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced

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Bill Title: Medical malpractice actions; burden

Spectrum: Moderate Partisan Bill (Republican 10-3)

Status: (Introduced - Dead) 2010-01-26 - Referred to House JUD Committee [HB2546 Detail]

Download: Arizona-2010-HB2546-Introduced.html

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REFERENCE TITLE: medical malpractice actions; burden

 

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HB 2546

 

Introduced by

Representatives Heinz, Pancrazi, Reagan: Antenori, Ash, Court, Fleming, Goodale, Gowan, Konopnicki, Lesko, Mason, Senator Pearce R

 

 

AN ACT

 

amending section 12-563, Arizona Revised Statutes; relating to health care actions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 12-563, Arizona Revised Statutes, is amended to read:

START_STATUTE12-563.  Necessary elements of proof; burden of proof

A.  Both of the following shall be are necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted standard of care:

1.  The health care provider failed to exercise that degree of care, skill and learning expected of a reasonable, prudent health care provider in the profession or class to which he belongs within the state acting in the same or similar circumstances.

2.  Such failure was a proximate cause of the injury.

B.  Unless The necessary elements of proof listed in subsection A are established by clear and convincing evidence, a health care provider is not liable for any civil or other damages as a result of any act or omission. END_STATUTE