PREFILED    JAN 04 2011

REFERENCE TITLE: medical malpractice actions; burden; proof

State of Arizona Senate Fiftieth Legislature First Regular Session 2011

SB 1031

Introduced by Senator Barto

 

AN ACT

 

amending section 12-563, Arizona Revised Statutes; repealing sections 12-572 and 12-573, 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.  Burden of proof; necessary elements of proof

A.  The elements of proof in all medical malpractice actions shall be established by clear and convincing evidence.

B.  Both of the following shall be 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.

END_STATUTE

Sec. 2.  Repeal

Sections 12-572 and 12-573, Arizona Revised Statutes, are repealed.