SEISINGER v. SIEBEL

No. CV-08-0224-PR.

203 P.3d 483 (2009)

Laura SEISINGER, Plaintiff/Appellant, v. Scott SIEBEL, M.D., Defendant/Appellee.

Supreme Court of Arizona, En Banc.

March 13, 2009.


Attorney(s) appearing for the Case

Law Offices of James J. Syme, Jr., by James J. Syme, Jr., Goodyear, Attorneys for Laura Seisinger.

Jones, Skelton & Hochuli, P.L.C., by J. Russell Skelton, Eileen Dennis GilBride, Phoenix, Attorneys for Scott Siebel.

Jennings, Strouss & Salmon, P.L.C., by John J. Egbert, Jay A. Fradkin, Phoenix, Attorneys for Amicus Curiae Mutual Insurance Company of Arizona.

Snell & Wilmer, L.L.P., by Barry D. Halpern, Scott A. Shuman, Rhonda Needham, Phoenix, Attorneys for Amici Curiae Arizona Medical Association, American Medical Association, Arizona Hospital and Healthcare Association, Maricopa County Medical Society, Pima County Medical Society, Arizona Osteopathic Medical Association, American Association of Orthopaedic Surgeons, Arizona Chapter of the American Academy of Orthopaedic Surgeons, The American College of Obstetricians and Gynecologists, American College of Cardiology, Arizona Chapter of the American College of Cardiology, Arizona Society of Anesthesiologists, and Arizona Radiological Society.

Law Office of JoJene Mills, P.C., by JoJene E. Mills, Tucson, Attorneys for Amicus Curiae Arizona Trial Lawyers Association.


OPINION

HURWITZ, Justice.

¶ 1 The issue before us is whether A.R.S. § 12-2604(A) (Supp.2008), which governs proof of the standard of care in medical malpractice cases, violates the separation of powers doctrine.

I.

¶ 2 Scott Siebel, M.D., an anesthesiologist, administered a spinal epidural to Laura Seisinger in 2002. Two years later, Seisinger filed a complaint against Siebel alleging malpractice. Seisinger subsequently disclosed...

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