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A.R.S. § 12-562

Medical malpractice actions; grounds

Applied in 2 court decisions — leading case Lounsbury v. Capel (1992)

Most recently applied in Lounsbury v. Capel (July 1992)

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. A medical malpractice action brought against a licensed health care provider shall not be based upon assault and battery.

C. A medical malpractice action based upon breach of contract for professional services shall not be brought unless such contract is in writing.

D. A medical malpractice action brought against a physician licensed pursuant to title 32, chapter 13 or 17, a podiatrist licensed pursuant to title 32, chapter 7, a registered nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25 regarding services provided within that person's scope of practice shall not be based on the neglect, abuse or exploitation of a vulnerable adult, except as provided in section 46-455.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.