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SAMARITAN FOUNDATION v. SUPERIOR COURT

Nos. 1 CA-SA 90-220, 1 CA-SA 90-232.

173 Ariz. 426 (1992)

844 P.2d 593

The SAMARITAN FOUNDATION, an Arizona corporation; Samaritan Health Services, dba Good Samaritan Regional Medical Center, an Arizona corporation; Cathey Milam Chester and Elaine Fraiz, Petitioners, Lawrence J. Koep, M.D., P.C., an Arizona corporation and Lawrence J. Koep, M.D., Defendants-Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR THE COUNTY OF MARICOPA, the Honorable Stanley Z. Goodfarb, a judge thereof, Respondent Judge, Arista Mia DAWSON, a minor, by and through her next friend and natural father, Robert E. Dawson; Robert E. Dawson, and Dale M. Dawson, husband and wife, Real Parties in Interest. PHOENIX CHILDREN'S HOSPITAL, INC., an Arizona corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR THE COUNTY OF MARICOPA, the Honorable Stanley Z. Goodfarb, a judge thereof, Respondent Judge, Arista Mia DAWSON, a minor, by and through her next friend and natural father, Robert E. Dawson; Robert E. Dawson, and Dale M. Dawson, husband and wife, Real Parties in Interest.

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

Review Granted February 2, 1993.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli by Bruce D. Crawford, Lori A. Shipley and David C. Lewis, Phoenix, for petitioners Samaritan Foundation, Samaritan Health Services dba Good Samaritan Regional Medical Center, Cathey Milam Chester and Elaine Fraiz.

Weyl, Guyer, MacBan & Olson, P.A. by Thomas G. Bakker and Jolane D. Veeder, Phoenix, for petitioner Phoenix Children's Hosp., Inc.

Leonard & Clancy, P.C. by James J. Leonard, Jr. and Kenneth P. Clancy, Phoenix, for real parties in interest.

Bess & Dysart, P.C. by Brad K. Keogh and Timothy R. Hyland, Phoenix, for amici curiae Nat. Ass'n of Legal Assistants, Inc. and Affiliated Associations.

Lewis and Roca by Susan M. Freeman and Beth Schermer, Phoenix, for amicus curiae Arizona Hosp. Ass'n.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Paul J. Giancola, Phoenix, for defendants Lawrence J. Koep, M.D., P.C., an Arizona corp. and Lawrence J. Koep.

OPINION

FIDEL, Chief Judge.

In February of 1988, a child suffered a cardiac arrest in surgery and emerged revived but neurologically impaired. This special action arises from discovery disputes in the medical malpractice suit brought by the child and her parents against the hospital and two physicians.

Shortly after surgery, at the direction of the hospital's legal department, a nurse paralegal interviewed four operating room witnesses. The witnesses...

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