Arizona Court Overturns Medical Malpractice Law on Expert Witnesses

June 20, 2008

An Arizona appellate court ruling says a state law on medical malpractice lawsuits is unconstitutional.

At issue is a law that sets qualifications required for expert witnesses in medical malpractice cases.

A three-judge panel of the state Court of Appeals says the law is unconstitutional because it violates the doctrine of separation between the branches of government.

The ruling came in a Maricopa County case, in which a trial judge dismissed a malpractice suit after ruling that a doctor that the plaintiff wanted to use as an expert witness was not qualified under the state law.