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EASTIN v. BROOMFIELD

No. 13114.

116 Ariz. 576 (1977)

570 P.2d 744

Keith A. EASTIN and Rosemary Eastin, husband and wife, Petitioners, v. The Honorable Robert C. BROOMFIELD, Presiding Judge of the Maricopa County Superior Court, the Honorable Rufus C. Coulter, Jr., Judge of the Maricopa County Superior Court, Robert R. Mills, William S. Weast, D.O., and Scottsdale Family Physicians, Ltd., an Arizona Corporation and William R. Gerchick, William R. Gerchick, personally and individually, Real Parties In Interest, Respondents.

Supreme Court of Arizona, In Banc.

September 27, 1977.

Attorney(s) appearing for the Case

Kenneth Rosengren and Timothy W. Evens, Phoenix, for petitioners.

Burch, Cracchiolo, Levie, Guyer & Weyl, P.A. by Barry A. MacBan, Phoenix, for respondents William R. Gerchick, D.O. and Scottsdale Family Physicians, Ltd.

Snell & Wilmer by Edward Jacobson and Shyrl R. Nielsen, Lewis & Roca by Walter Cheifetz, Phoenix, Brief Amici Curiae for The Arizona Medical Association, Inc. and The Arizona Hospital Association.

Bruce E. Babbitt, Atty. Gen., by Fred W. Stork, Asst. Atty. Gen., Phoenix, Attorneys for Arizona Joint Underwriting Plan.

Snell & Wilmer by John Bouma, Phoenix, Attorneys for Mutual Insurance Company of Arizona.

Fennemore, Craig, von Ammon & Udall by R.C. Mitten and Ruth V. McGregor, Phoenix, Brief Amicus Curiae for Truck Insurance Exchange.

CAMERON, Chief Justice.

We accepted jurisdiction of this petition for special action to consider the constitutionality of the medical liability review panels as provided by A.R.S. §§ 12-567, et seq. In addition to the constitutionality of the statute, we must also consider whether the trial judge was within his discretion in refusing to allow a medical doctor to testify as to the degree of professional skill required by an osteopathic doctor in the prescribing...

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