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Arizona Revised Statutes - Title 12 Courts and Civil Proceedings - Chapter 5.1 Actions Relating to Health Care

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  • 12-561 - Definitions
    In this chapter, unless the context otherwise requires: 1. "Licensed health care provider" means both: (a) A person, corporation or institution licensed or certified by...
  • 12-562 - Medical malpractice actions; grounds
    A. A medical malpractice action shall not be brought against a licensed health care provider except upon the grounds set forth in section 12-561. B....
  • 12-563 - Necessary elements of proof
    Both of the following shall be necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted...
  • 12-564 - Qualified immunity; students; duty of care
    A. A student who is in an educational or training program of a certified, accredited or state approved postsecondary institution that prepares students for licensing...
  • 12-565 - Health care actions; collateral source evidence
    A. In any medical malpractice action against a licensed health care provider, the defendant may introduce evidence of any amount or other benefit which is...
  • 12-566 - Health care actions; complaint; specific amount of damages not to be stated
    In any medical malpractice action against a licensed health care provider, no dollar amount or figure shall be included in the complaint, but the complaint...
  • 12-568 - Review of attorneys' fees in health care actions; guidelines
    A. The court shall, at the request of any party in any action under this chapter, determine the reasonableness of each party's attorneys' fees. The...
  • 12-569 - Non-admissibility of certain types of evidence relating to professional liability insurance
    During the trial of a medical malpractice action against a licensed health care provider or during the course of any hearing or review conducted pursuant...
  • 12-570 - Malpractice settlement or award reporting; civil penalty; definition
    A. If a medical malpractice action or an action brought under section 46-455 against a nursing care institution is settled or a court enters a...
  • 12-571 - Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses
    A. A health professional, as defined in section 32-3201, who provides medical or dental treatment within the scope of the health professional's certificate or license...
  • 12-572 - Burden of proof for treatment in emergency departments or rendered by on-call providers
    A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a health professional as defined in section 32-3201...
  • 12-573 - Limited liability for treatment related to delivery of infants; exception; definition
    A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a physician licensed to practice pursuant to title...
  • 12-581 - Definitions
    In this article, unless the context otherwise requires: 1. "Bodily injury" means bodily harm, sickness, disease or emotional or mental distress, including death resulting from...
  • 12-582 - Election of periodic payments
    A. This article applies to any trial involving a claim for future damages arising out of a medical malpractice action. Any party may elect to...
  • 12-583 - Good cause hearing
    A. In a hearing held to determine whether good cause exists not to try a claim under this article, the court shall consider the circumstances...
  • 12-584 - Special findings; future damages
    A. If liability is found in a trial conducted under this article, the trier of fact shall make separate findings for each claimant specifying the...
  • 12-585 - Evidence of future damages
    A. The calculation for all future economic damages shall reflect future changes in earning power or the purchasing power of the dollar. Future damages shall...
  • 12-586 - Entering a judgment for future damages
    A. If special findings for future damages are made, the court shall enter judgment pursuant to the following procedures: 1. The court shall apply to...
  • 12-587 - Funding judgments for periodic installments
    A. Each party liable for all or a portion of a judgment containing periodic installments shall provide funding, separately or jointly, for the unpaid installments...
  • 12-588 - Form of funding
    A. Funding authorized or required for payment of a judgment for periodic installments shall be approved by the court as sufficient to guarantee financial solvency...
  • 12-589 - Discounting future damages to present value
    A. If future damages are ordered to be paid in advance of the period to which they apply, the court shall compute the present value...
  • 12-590 - Effect of death on periodic installments
    A. The liability for payment of periodic installments for costs of health care not yet due at the death of the person entitled to receive...
  • 12-591 - Assignment of periodic installments
    An assignment of or an agreement to assign any right to periodic installments for future damages is not enforceable except for: 1. The payment of...
  • 12-592 - Exemption of benefits
    Periodic installments for future damages for loss of earnings or loss of support for beneficiaries of a judgment entered in a wrongful death action are...
  • 12-593 - Duties of the director of the department of insurance and insurance companies
    A. The director of the department of insurance shall adopt rules: 1. For determining which insurers and assignees are financially qualified to provide and maintain...
  • 12-594 - Arbitration and settlement agreements
    A. This article also applies to claims for bodily injury arising out of medical malpractice that are subject to arbitration either by law or if...
  • Last modified: February 19, 2012