Medical Malpractice Suits Against Health Care Providers In Arizona
In Arizona, medical malpractice claims are governed by statute. Nunsuch ex rel. Nunsuch v. United States, 221 F.Supp. 2d 1027, 1032 (D.Ariz. 2001).
A medical malpractice action is one "for injury or death against a licensed health care provider based upon such provider's alleged negligence, misconduct, errors or omissions, or breach of contract in the rendering of health care, medical services . . . or other health-related services, without express or implied consent." A.R.S. 12-561(2) (2003).
Medical malpractice actions can be brought against a health care provider only on the grounds listed in A.R.S. 12-561. A.R.S. 12-562(A).
They cannot be based upon assault and battery. A.R.S. 12-562(B).
The medical malpractice act provides a supplement to other civil remedies. Estate of McGill ex rel. McGill v. Albrecht, 203 Ariz. 525, 531, P 22, 57 P.3d 384, 390 (2002).