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REFERENCE TITLE: medical malpractice actions; burden |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2546 |
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Introduced by Representatives Heinz, Pancrazi, Reagan: Antenori, Ash, Court, Fleming, Goodale, Gowan, Konopnicki, Lesko, Mason, Senator Pearce R
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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:
12-563. 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.