KGUN 9 On Your SideNewsStatewide News

Actions

Ruling on malpractice case cites need for expert testimony

Gavel shot
Posted at 2:22 PM, Jul 30, 2021
and last updated 2021-07-30 17:22:52-04

PHOENIX (AP) — An Arizona Supreme Court decision says medical malpractice lawsuits involving unclear causes of death or other injury can't proceed without sufficient expert witness testimony providing guidance for jurors.

The case decided Friday stemmed from the 2012 death of a 4-year-old boy sent home from a surgery center after being monitored for an hour after a tonsillectomy and another procedure that included administration of general anesthesia.

Arizona law require that medical malpractice 'plaintiffs provide testimony on what caused a death or injury unless a jury could make that determination from "readily apparent circumstances."

The high court's decision upheld a trial judge's dismissal of the suit.