Category Professional Malpractice

Spring v. Bradford (Arizona Court of Appeals Case No. 1 CA-CV 15-0505, filed Jan. 12, 2017)

Can a trial court exclude an expert witness from hearing or otherwise reviewing the trial testimony of other witnesses? That is the issue the Arizona Court of Appeals addressed in this medical malpractice case. The court held the “rule of exclusion of witnesses” contained in Rule 615 of the Arizona Rules of Evidence, which generally requires […]

Romero v. Hasan (Arizona Court of Appeals Case No. 1 CA-CV 15-0508, filed Jan. 5, 2017)

In this appeal from the dismissal of a medical malpractice case, the Arizona Court of Appeals addressed the issue of whether a patient filing a medical malpractice claim can circumvent A.R.S. § 12-2603’s requirement regarding a preliminary expert opinion affidavit by requesting an evidentiary hearing at which the patient’s treating physicians could testify regarding the information required […]

Coulter v. Grant Thornton, LLP (Arizona Court of Appeals Case No. 1 CA-CV 14-0625, filed 1/3/2017)

In this civil appeal, the Arizona Court of Appeals addressed an issue of first impression in Arizona: When does a cause of action for accounting malpractice accrue? The court of appeals held that, “[c]onsistent with the discovery rule, . . . determining the accrual date is a fact-based inquiry that turns on when a party knew or […]