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"Strict" Products Liability Dead in Arizona?
Abuse and neglect is still rampant in nursing homes
Architect Can Be Liable for Economic Loss Caused by Negligence
Arizona Court of Appeals Holds Crop Dusting is Still an Inherently Dangerous Activity
Arizona Court of Appeals Rules Excessive Punitive Damages Unconstitutional
Arizona Legislature "tort reform" statute does not violate State Constitution Separation of Powers
Arizona Preliminary Med Mal Expert Affidavit Requirement Constitutional
Arizona Statute Update
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Arizona Supreme Court Brings Reason to Notice of Claim Requirements
Arizona does not recognize a first or third party claim for spoilation of evidence
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Asserting 5th Amendment in Civil Action Creates Inference of Guilt
Attorney Can Be Liable for Malicious Prosecution & Aiding and Abetting
Attorney Malpractice Claim Requires Proving Case Within a Case
Attorneys' Fees Properly Awarded After Voluntary Dismissal
Bar Owner's Responsibility for Drunk Drivers
Bizzare and Dangerous Side Effects of Anti-Nausea Drug
Burns and Burn Injuries
Bush Administration Policies Show Disdain for Consumer Safety - Pre-Emption
Business Interruption Insurance Where Expansion of Business Collapses
Car Dealer's Insurance Policy Doesn't Cover "Customers"
Causation Expert Can Opine on Standard of Care says New Court of Appeals Case
Charter School not State Actor in Employment Matters
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Children face greater harm from medical mistakes
Compulsory Arbitration Sanctions in Arizona Mandatory
Confession to Clergyman Priviliged Even if Wife Present
Constitutional Comparisons with Japan
Consumer Safety -- Toys
Court Interpreter Qualifications For Trial Judge To Determine
Court of Appeals Announces Criteria for Admissibility of Expert Testimony in Medical Malpractice Case
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Employer's Liability for Acts of Employee
Employer's Liability for Acts of Employee--Part II Scope of Employment
Employer's Responsibility for Acts of Employee Part II
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Failure to Attend Arbitration Grounds for Dismissing Appeal
Failure to Warn and Federal Preemption
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Injuries or Death on Someone Else's Property--What is an Invitee?
Insurance Bad Faith
Interest on Judgment Against State
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LED Lights Safer for Bike Riders and Pedestrians
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Medical Malpractice
Medical Malpractice Statute Requiring Affidavit Constitutional
Medical Negligence--Informed Consent
Medical Negligence--The Standard of Care
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New Arizona Case - Expert Affidavit
New Arizona Case - Expert Witness Qualification
New Arizona Case - Governmental Immunity
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New Arizona Case - Notice of Claim
New Arizona Case - Notice of Claim
New Arizona Case - Pleadings
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Our Results
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Pool Filters Can Explode and Maim and Kill
Private Arbitration Rules Strictly Enforced
Products Liability
Qualified Immunity from Defamation Claim when Reporting Medical Misconduct
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School Board Must be Served with Notice of Claim
Scope of Discovery of Expert Bias
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State Tort Claims Not Preempted by Manufacturer's Voluntary Product Replacement
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State of Arizona can Assert Lien Rights for Medical Expenses Paid State Employee against Tort Recovery
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Court of Appeals Announces Criteria for Admissibility of Expert Testimony in Medical Malpractice Case

Evidence:  Medical Malpractice—Expert Testimony           

 

Pipher v. Loo, 551 Ariz. Adv. Rep. 27 (App. Div. I, March 10, 2009)(Justice Irvine)

 

MEDICAL EXPERT MAY RELY UPON RELIABLE AND TRUSTWORTHY HEARSAY WHERE OPINION ALSO BASED UPON ADMISSIBLE EVIDENCE AND CAUSATION EXPERT DOESN’T VIOLATE “ONE EXPERT PER ISSUE” RULE WHERE TESTIFYING THERE WAS A BREACH OF STANDARD OF CARE WAS NECESSARY PREDICATE TO CAUSATION OPINION

 

Plaintiff appeals from a defense verdict in his medical malpractice action where it was claimed the defendant was negligent in failing to remove the anesthetic needle when plaintiff experienced an “electric shock” reaction to the injection resulting in injury to his lingual nerve. 

 

Plaintiff first argued on appeal that the trial court erred in allowing the defendant’s expert to testify regarding the cause of plaintiff’s injury where the opinion was based upon the testifying doctor’s own laboratory research, clinical experience, interviews with other dentists and patients.

 

 The plaintiff claimed the opinion was inadmissible because it was based upon hearsay.  In overruling this objection the court of appeals found that although rule 802 of the Rules of Evidence renders hearsay testimony generally inadmissible. However, Rule 703 allows an expert to testify concerning such evidence for the limited purpose of disclosing the basis for his or her opinions.

 

Here, where the expert also relied upon laboratory testing and clinical experience which was not hearsay and there was no evidence his interviews were untrustworthy or unreliable, the testimony was properly admitted.

 

Plaintiff’s second argument however was sustained by the Court of Appeals and a new trial was ordered.  Plaintiff argued that the trial court erred in excluding his causation expert from testifying that it was a breach of the standard of care by the defendant which caused plaintiff’s lingual nerve injury on the basis that the plaintiff had already offered testimony from a standard of care expert and this testimony was in violation of the “one expert per issue” rule (Ariz. R. Civ. P. 26(b)(4)(D).  To the contrary, the Court of Appeals held that the testimony by the causation expert that there was a breach of the standard of care was a necessary foundation and predicate to his causation opinion and therefore admissible, particularly where this testimony was the only testimony plaintiff had to establish causation.

 

 

 

 

 

If you believe that you or a loved one has been seriously harmed by the negligence of a health care professional, contact us, as we may be able to help protect your legal rights to recovery for the harm.