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State Solutions

Health Justice Transformation - Arizona

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None. Constitutional prohibition limiting damages.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. Defendant may submit evidence of collateral sources of payment.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes but ruled unconstitutional.

Limitation of Plaintiff’s Attorneys Fees

No but either party may ask the court to review reasonableness of each party's attorney's fees.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

No provision

Standards for Expert Testimony/Witness

Expert testimony is required to prove breach of the standard of care. In medical cases, experts must be licensed in the same profession as the defendant; maintain board certification in the same specialty; and devote the majority of his/her time to the active clinical practice or instruction in the same health field as the defendant for at least a year immediately preceding the occurrence giving rise to the action.