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FRANCISCO v. AFFILIATED UROLOGISTS LTD.

No. CV-23-0152-PR.

553 P.3d 867 (2024)

David FRANCISCO, et al., Plaintiffs/Appellants, v. AFFILIATED UROLOGISTS LTD, et al. Defendants/Appellees.

Supreme Court of Arizona.

Filed August 16, 2024.

Attorney(s) appearing for the Case

Jason M. Kelly (argued), Richard D. Lyons, Kelly & Lyons, PLLC, Scottsdale, Attorneys for David Francisco and Kimberley Francisco.

Eileen Dennis GilBride (argued), Cristina M. Chait, Jones, Skelton & Hochuli, P.L.C., Phoenix, Attorneys for Affiliated Urologists, Ltd, and Kevin Art, M.D.

David L. Abney, Ahwatukee Legal Office, P.C., Phoenix, Attorney for Amici Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

Rita J. Bustos, Jones, Skelton & Hochuli, P.L.C., Phoenix, Attorneys for Amici Curiae Banner Health, Dignity Health, HonorHealth, Phoenix Children's Hospital, Arizona Medical Association, and American Medical Association.

JUSTICE MONTGOMERY authored the opinion of the Court, in which CHIEF JUSTICE TIMMER, VICE CHIEF JUSTICE LOPEZ and JUSTICES BRUTINEL, BEENE, and BERCH (Retired) joined. JUSTICE BOLICK authored an opinion concurring in part and dissenting in part.

¶1 To prevail on a negligence claim concerning medical malpractice, a plaintiff must prove that the defendant doctor failed to meet the standard of care required of a health care professional in the doctor's field of practice. Pursuant to A.R.S. § 12-2603, a plaintiff is required to certify whether...

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