McGUIRE v. DeFRANCESCO

No. 1 CA-CV 88-433.

168 Ariz. 88 (1990)

811 P.2d 340

Edward McGUIRE, By and Through his next friend, David McGUIRE; David McGuire, individually, and Colleen McGuire, Plaintiffs-Appellants, v. Salvatore J. DeFRANCESCO; Thomas West Professional Association: Obstetrics & Gynecology, a corporation; and St. Joseph's Hospital and Medical Center, an Arizona corporation; Does I through XXX, inclusive, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

Reconsideration Denied December 27, 1990.

Review Denied June 4, 1991.


Attorney(s) appearing for the Case

Charles M. Brewer, Ltd., Phoenix, for plaintiffs-appellants.

Snell & Wilmer by Barry D. Halpern, Laura W. Janzik and Eileen J. Moore, Phoenix, for defendants-appellees DeFrancesco and Thomas West Professional Ass'n.

Mitten, Goodwin & Raup by Roger C. Mitten, Phoenix, for defendant-appellee St. Joseph's Hosp. and Medical Center.


OPINION

FIDEL, Presiding Judge.

One who sues a health care provider for malpractice in Arizona must prove that the defendant failed to exercise the degree of care that would be expected under similar circumstances of a reasonably prudent member of the same profession or class within this state. Ariz. Rev. Stat. Ann. § 12-563 (1976). May a plaintiff prove that a board-certified medical specialist violated this statewide standard by expert testimony that...

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