Arizona Supreme Court On Medical Experts

The Arizona Supreme Court in March upheld the constitutionality of a 2005 law establishing minimum qualifications for medical liability experts.  Amednews.com reports:

The high court rejected arguments from the state trial bar that it was up to the courts -- not lawmakers -- to set rules governing expert witness testimony and that the statute violated the separation of powers between the legislature and the judiciary.

Instead, justices in a 4-1 opinion found that the expert requirements were not merely a procedural matter pertaining to how judges conduct trials -- an area traditionally left to the courts. Rather, the expert qualifications formed a "substantive component" of establishing proof in a medical liability claim in the first place -- an area the legislature was free to address, the court said.  Because Arizona's constitution prohibits any type of cap on damages in liability cases, "this is a very important decision for us," said Chic Older, Arizona Medical Assn. executive vice president.