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ESTATE OF McGILL v. ALBRECHT

No. CV-02-0058-PR.

57 P.3d 384 (2002)

203 Ariz. 525

The ESTATE OF Norma McGILL on behalf of Norma McGILL, deceased; and on behalf of William N. McGill and John W. McGill, surviving children, Petitioners, v. Hon. Rebecca A. ALBRECHT, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Mark Allen Manor; James L. Beach, D.O. and Jane Doe Beach, husband and wife; Comcare, an Arizona corporation; Mi L. Tran, M.D. and Jane Doe Tran, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

November 12, 2002.

Attorney(s) appearing for the Case

Karen L. Lugosi, P.C. by Karen L. Lugosi, James A. Frisbie, Phoenix, Attorneys for Petitioners.

Law Offices of Neil Vincent Wake by Neil Vincent Wake, Linda D. Skon and Sanders & Parks, P.C. by Winn L. Sammons, James C. Goodwin, Phoenix, Attorneys for Real Parties in Interest James L. Beach, D.O. and Jane Doe Beach.

Renaud Cook & Drury, P.A. by William W. Drury, Jr., Carolyn G. Armer, Phoenix, Attorneys for Real Party in Interest ComCare.

Mariscal Weeks McIntyre & Friedlander, P.A. by Timothy J. Thomason, Maxine M. Polomski, Phoenix, Attorneys for Real Parties in Interest Mi L. Tran, M.D. and Jane Doe Tran.

Cavanagh Law Firm by Christopher Robbins, Phoenix, Attorneys for Amicus Curiae Association of American Physicians and Surgeons.

Snell & Wilmer, L.L.P. by Daniel J. McAuliffe, Barry D. Halpern, Bhavi A. Shah, Phoenix, Attorneys for Amici Curiae Arizona Medical Association and Maricopa County Medical Society.

OPINION

FELDMAN, Justice.

¶ 1 We granted review to determine whether a person may maintain a damage action under the Adult Protective Services Act (APSA), A.R.S. § 46-455 et seq., for injuries caused by negligent medical care provided to a vulnerable or incapacitated adult. Examining the interplay between APSA and the Medical Malpractice Act (MMA), A.R.S. § 12-561 et seq., we conclude that under some circumstances such an action...

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