REFERENCE TITLE: medical malpractice; obstetrics; burden; proof

State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019

HB 2711

Introduced by Representatives Shah: Longdon, Sierra, Teller

 

AN ACT

 

amending title 12, chapter 5.1, article 1, Arizona Revised Statutes, by adding section 12‑567; relating to health care actions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 12, chapter 5.1, article 1, Arizona Revised Statutes, is amended by adding section 12-567, to read:

START_STATUTE12-567.  Burden of proof; physicians practicing obstetrics

A.  Unless the elements of proof prescribed in section 12‑563 are established by clear and convincing evidence, a physician who is licensed pursuant to title 32, chapter 13 or 17 and who practices in obstetrics is not liable to the pregnant female patient or the child or children delivered, or their families, for medical malpractice related to labor or delivery.

B.  Unless the elements of proof prescribed in section 12‑563 are established by clear and convincing evidence regarding the acts or omissions of a licensed health care facility or its employees in cases that are covered by subsection A of this section, the health care facility is not liable to the female patient or the child or children delivered, or their families, for medical malpractice related to labor or delivery.