State court overturns AZ law on expert witnesses

Associated Press

PHOENIX (AP) – An Arizona appellate court ruling says a state law on medical malpractice lawsuits is unconstitutional.

At issue is a law that sets qualifications required for expert witnesses in medical malpractice cases.

A three-judge panel of the state Court of Appeals says the law is unconstitutional because it violates the doctrine of separation between the branches of government.

The ruling Tuesday came in a Maricopa County case in which a trial judge dismissed a malpractice suit after ruling that a doctor that the plaintiff wanted to use as an expert witness was not qualified under the state law.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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