12-2604. Expert witness qualifications; medical malpractice actions
A. In an action alleging medical malpractice, a person shall not give expert testimony on the appropriate standard of practice or care unless the person is licensed as a health professional in this state or another state and the person meets the following criteria:
1. If the party against whom or on whose behalf the testimony is offered is or claims to be a specialist, specializes at the time of the occurrence that is the basis for the action in the same specialty or claimed specialty as the party against whom or on whose behalf the testimony is offered. If the party against whom or on whose behalf the testimony is offered is or claims to be a specialist who is board certified, the expert witness shall be a specialist who is board certified in that specialty or claimed specialty.
2. During the year immediately preceding the occurrence giving rise to the lawsuit, devoted a majority of the person's professional time to either or both of the following:
(a) The active clinical practice of the same health profession as the defendant and, if the defendant is or claims to be a specialist, in the same specialty or claimed specialty.
(b) The instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant and, if the defendant is or claims to be a specialist, in an accredited health professional school or accredited residency or clinical research program in the same specialty or claimed specialty.
3. If the defendant is a general practitioner, the witness has devoted a majority of the witness's professional time in the year preceding the occurrence giving rise to the lawsuit to either or both of the following:
(a) Active clinical practice as a general practitioner.
(b) Instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant.
B. If the defendant is a health care institution that employs a health professional against whom or on whose behalf the testimony is offered, the provisions of subsection A apply as if the health professional were the party or defendant against whom or on whose behalf the testimony is offered.
C. This section does not limit the power of the trial court to disqualify an expert witness on grounds other than the qualifications set forth under this section.
D. An expert witness in a medical malpractice case shall not be permitted to testify if the fee of the witness is in any way contingent on the outcome of the case.
Notes of Decisions
Cited in
51
cases (
18 in the last 5 years), 2008–2026 · leading case:
Seisinger v. Siebel, 203 P.3d 483 (Ariz. 2009).
Seisinger v. Siebel, 203 P.3d 483 (Ariz. 2009).
· cites it 114× “Section 12-2604 contains no such declaration.”
Robert Baker v. Univ. Physicians Healthcare, 296 P.3d 42 (Ariz. 2013).
· cites it 48× “¶ 1 This case concerns the interpretation and constitutionality of A.R.S. § 12-2604, which sets requirements for experts who testify about the appropriate standard of care in medical malpractice actions.”
St. George v. Plimpton, 384 P.3d 1243 (Ariz. Ct. App. 2016).
· cites it 34× “The qualifications for a standard of care expert are governed by A.R.S. § 12-2604. Cornerstone Hosp. of Southeast Arizona, L.”
Cornerstone Hosp. of Se. Arizona v. Ernest H. Blackburn, 290 P.3d 460 (Ariz. Ct. App. 2012).
· cites it 56× “¶ 1 In this special action, we are asked to decide whether AR.S. § 12-2604, which prescribes the qualifications of a standard-of-care expert in an action involving allegations of medical negligence, applies to an action brought pursuant to the Adult Protective Services Act…”
Baker v. Univ. Physicians Healthcare, Wittman, Arizona Bd. of Regents, 269 P.3d 1211 (Ariz. Ct. App. 2012).
· cites it 58× “Wittman, UPH, and ABOR moved for summary judgment, arguing that Brouillard was not board certified in the same specialty as Wittman and thus failed to qualify as an expert under A.R.S. § 12-2604. Baker responded that Brouillard was qualified under the statute and that if he was…”
Rasor v. Nw. Hosp., LLC Dba Nw. Med. Ctr., 373 P.3d 563 (Ariz. Ct. App. 2016).
· cites it 25× “§ 12-2603, and AR.S. § 12-2604 to render standard of care or causation opinions in this matter” and consequently the Rasors “are unable to establish that [the hospital] breached the applicable standard of care and [the] Complaint should be dismissed.”
Sanchez v. Old Pueblo Anesthesia, P.C., 183 P.3d 1285 (Ariz. Ct. App. 2008).
· cites it 23× “” ¶ 8 In dismissing the Sanchezes’ complaint against Old Pueblo, the court concluded that they had failed to comply with the requirements of A.R.S. § 12-2604 as it applies to Dr. Hughes, a board certified anesthesiologist.”
Governale v. Lieberman, 250 P.3d 220 (Ariz. Ct. App. 2011).
· cites it 27× “Defendants moved to dismiss the complaint on the ground that Richeimer, a board certified anesthesiologist and pain management specialist, was not qualified under A.R.S. § 12-2604 to offer an opinion that Lieberman had violated the standard of care because the statute required…”
Awsienko v. Cohen, 257 P.3d 175 (Ariz. Ct. App. 2011).
· cites it 16× “Section 12-2604 does not require that Dr.”
Preston v. Amadei, 357 P.3d 159 (Ariz. Ct. App. 2015).
· cites it 19× “Lapan was not qualified as a standard of care expert under A.R.S. § 12-2604 because he practices in the area of cardiology, and the relevant specialty as it relates to Dr.”
Seisinger v. Siebel, 195 P.3d 200 (Ariz. Ct. App. 2008).
· cites it 28× “Aldrete’s testimony because he did not meet the requirements of § 12-2604, governing the qualifications necessary for expert witnesses in medical malpractice actions.”
— Ariz. Rev. Stat. § 12-2604(A) — 34 cases
Seisinger v. Siebel, 203 P.3d 483 (Ariz. 2009).
“Section 12-2604 contains no such declaration.”
Robert Baker v. Univ. Physicians Healthcare, 296 P.3d 42 (Ariz. 2013).
“¶ 1 This case concerns the interpretation and constitutionality of A.R.S. § 12-2604, which sets requirements for experts who testify about the appropriate standard of care in medical malpractice actions.”
Seisinger v. Siebel, 195 P.3d 200 (Ariz. Ct. App. 2008).
“Aldrete’s testimony because he did not meet the requirements of § 12-2604, governing the qualifications necessary for expert witnesses in medical malpractice actions.”
Rasor v. Nw. Hosp., LLC Dba Nw. Med. Ctr., 373 P.3d 563 (Ariz. Ct. App. 2016).
“§ 12-2603, and AR.S. § 12-2604 to render standard of care or causation opinions in this matter” and consequently the Rasors “are unable to establish that [the hospital] breached the applicable standard of care and [the] Complaint should be dismissed.”
Cornerstone Hosp. of Se. Arizona v. Ernest H. Blackburn, 290 P.3d 460 (Ariz. Ct. App. 2012).
“¶ 1 In this special action, we are asked to decide whether AR.S. § 12-2604, which prescribes the qualifications of a standard-of-care expert in an action involving allegations of medical negligence, applies to an action brought pursuant to the Adult Protective Services Act…”
— Ariz. Rev. Stat. § 12-2604(A)(1) — 24 cases
Awsienko v. Cohen, 257 P.3d 175 (Ariz. Ct. App. 2011).
“Section 12-2604 does not require that Dr.”
Baker v. Univ. Physicians Healthcare, Wittman, Arizona Bd. of Regents, 269 P.3d 1211 (Ariz. Ct. App. 2012).
“Wittman, UPH, and ABOR moved for summary judgment, arguing that Brouillard was not board certified in the same specialty as Wittman and thus failed to qualify as an expert under A.R.S. § 12-2604. Baker responded that Brouillard was qualified under the statute and that if he was…”
Robert Baker v. Univ. Physicians Healthcare, 296 P.3d 42 (Ariz. 2013).
“¶ 1 This case concerns the interpretation and constitutionality of A.R.S. § 12-2604, which sets requirements for experts who testify about the appropriate standard of care in medical malpractice actions.”
St. George v. Plimpton, 384 P.3d 1243 (Ariz. Ct. App. 2016).
“The qualifications for a standard of care expert are governed by A.R.S. § 12-2604. Cornerstone Hosp. of Southeast Arizona, L.”
Cornerstone Hosp. of Se. Arizona v. Ernest H. Blackburn, 290 P.3d 460 (Ariz. Ct. App. 2012).
“¶ 1 In this special action, we are asked to decide whether AR.S. § 12-2604, which prescribes the qualifications of a standard-of-care expert in an action involving allegations of medical negligence, applies to an action brought pursuant to the Adult Protective Services Act…”
— Ariz. Rev. Stat. § 12-2604(A)(2) — 12 cases
St. George v. Plimpton, 384 P.3d 1243 (Ariz. Ct. App. 2016).
“The qualifications for a standard of care expert are governed by A.R.S. § 12-2604. Cornerstone Hosp. of Southeast Arizona, L.”
Robert Baker v. Univ. Physicians Healthcare, 296 P.3d 42 (Ariz. 2013).
“¶ 1 This case concerns the interpretation and constitutionality of A.R.S. § 12-2604, which sets requirements for experts who testify about the appropriate standard of care in medical malpractice actions.”
Rasor v. Nw. Hosp., LLC Dba Nw. Med. Ctr., 373 P.3d 563 (Ariz. Ct. App. 2016).
“§ 12-2603, and AR.S. § 12-2604 to render standard of care or causation opinions in this matter” and consequently the Rasors “are unable to establish that [the hospital] breached the applicable standard of care and [the] Complaint should be dismissed.”
Seisinger v. Siebel, 203 P.3d 483 (Ariz. 2009).
“Section 12-2604 contains no such declaration.”
Cornerstone Hosp. of Se. Arizona v. Ernest H. Blackburn, 290 P.3d 460 (Ariz. Ct. App. 2012).
“¶ 1 In this special action, we are asked to decide whether AR.S. § 12-2604, which prescribes the qualifications of a standard-of-care expert in an action involving allegations of medical negligence, applies to an action brought pursuant to the Adult Protective Services Act…”
— Ariz. Rev. Stat. § 12-2604(A)(2)(a) — 5 cases
St. George v. Plimpton, 384 P.3d 1243 (Ariz. Ct. App. 2016).
“The qualifications for a standard of care expert are governed by A.R.S. § 12-2604. Cornerstone Hosp. of Southeast Arizona, L.”
Seisinger v. Siebel, 203 P.3d 483 (Ariz. 2009).
“Section 12-2604 contains no such declaration.”
— Ariz. Rev. Stat. § 12-2604(A)(2)(b) — 1 case
— Ariz. Rev. Stat. § 12-2604(A)(3) — 2 cases
Rasor v. Nw. Hosp., LLC Dba Nw. Med. Ctr., 373 P.3d 563 (Ariz. Ct. App. 2016).
“§ 12-2603, and AR.S. § 12-2604 to render standard of care or causation opinions in this matter” and consequently the Rasors “are unable to establish that [the hospital] breached the applicable standard of care and [the] Complaint should be dismissed.”
— Ariz. Rev. Stat. § 12-2604(B) — 4 cases
Rasor v. Nw. Hosp., LLC Dba Nw. Med. Ctr., 373 P.3d 563 (Ariz. Ct. App. 2016).
“§ 12-2603, and AR.S. § 12-2604 to render standard of care or causation opinions in this matter” and consequently the Rasors “are unable to establish that [the hospital] breached the applicable standard of care and [the] Complaint should be dismissed.”
Cornerstone Hosp. of Se. Arizona v. Ernest H. Blackburn, 290 P.3d 460 (Ariz. Ct. App. 2012).
“¶ 1 In this special action, we are asked to decide whether AR.S. § 12-2604, which prescribes the qualifications of a standard-of-care expert in an action involving allegations of medical negligence, applies to an action brought pursuant to the Adult Protective Services Act…”
— Ariz. Rev. Stat. § 12-2604(C) — 2 cases
Seisinger v. Siebel, 203 P.3d 483 (Ariz. 2009).
“Section 12-2604 contains no such declaration.”
Seisinger v. Siebel, 195 P.3d 200 (Ariz. Ct. App. 2008).
“Aldrete’s testimony because he did not meet the requirements of § 12-2604, governing the qualifications necessary for expert witnesses in medical malpractice actions.”
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