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JILLY v. RAYES

No. 1 CA-SA 08-0269.

209 P.3d 176 (2009)

Gabor JILLY, M.D. and Jane Doe Jilly; Federico T. Florendo, M.D. and Jane Doe Florendo; Hitesh K. Movalia, M.D. and Jane Doe Movalia, Petitioners, v. The Honorable Douglas L. RAYES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Jason Carter, surviving spouse of Cora L. Carter, deceased; and Jason Carter, Jr., Jasmine Carter and Daishia Carter, minor children of the decedent, Donnie Davis and Janice Davis, surviving parents of the decedent, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

April 30, 2009.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C. By Jay A. Fradkin And John J. Egbert, Phoenix, Attorneys for Petitioners Gabor Jilly, M.D. And Jane Doe Jilly.

The Cavanagh Law Firm By Mary G. Pryor, Phoenix, Attorneys for Petitioners Hitesh K. Movalia, M.D. And Jane Doe Movalia.

Holloway, Odegard, Forrest & Kelly, P.C. By Stephen Paul Forrest And Heather L. Bohnke, Phoenix, Attorneys for Petitioners Federico T. Florendo, M.D. And Jane Doe Florendo.

Law Offices of Paul J. Sacco, P.C. By Paul J. Sacco, Tempe, Attorneys for Respondent-Real Parties in Interest.

OPINION

THOMPSON, Judge.

¶ 1 We herein uphold Arizona Revised Statutes (A.R.S.) § 12-2603 (2008), which provides that a plaintiff suing a health care professional is to certify whether or not expert opinion testimony is necessary to prove the health care professional's standard of care or liability, and, if expert opinion testimony is necessary, requires service of a "preliminary expert opinion affidavit" with the initial disclosures, unless the...

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