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Arizona law limiting med-mal experts is found unconstitutional.

Publication: Trial
Publication Date: 01-SEP-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Arizona Court of Appeals has ruled that a state law setting requirements for qualifying expert witnesses in medical malpractice cases is unconstitutional because it supplants the rule of evidence already in place in Arizona courts. In reversing a trial court decision, the appeals court called the law "an infringement on the exclusive rule-making authority of the Arizona Supreme Court, because the statute cannot be harmonized with the rule." (Seisinger v. Siebel, 2008 WL 2426811 (Ariz. App. June 17, 2008).)

The rule governing experts in Arizona courts is Rule 702, which says that "a witness qualified as an expert by knowledge,...

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