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BAKER v. UNIVERSITY PHYSICIANS HEALTHCARE

No. CV-12-0102-PR.

296 P.3d 42 (2013)

Robert BAKER, on behalf of himself and all those entitled to recover for the death of Tara Baker, Plaintiff/Appellant, v. UNIVERSITY PHYSICIANS HEALTHCARE, an Arizona corporation; Brenda J. Wittman, M.D. and John Doe Wittman, wife and husband; Arizona Board of Regents doing business as University of Arizona College of Medicine, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

March 12, 2013.

Attorney(s) appearing for the Case

Law Office of Jojene Mills, P.C. By JoJene E. Mills , Tucson, Attorney for Robert Baker.

Campbell, Yost, Clare & Norell, P.C. By Stephen C. Yost , Kenneth W. McCain , Phoenix, Attorneys for University Physicians Healthcare, Brenda J. Wittman, Arizona Board of Regents, and University of Arizona College of Medicine.

Haralson, Miller, Pitt, Feldman & McAnally P.L.C. By Stanley G. Feldman , Tucson, and Knapp & Roberts, P.C. By David L. Abney , Scottsdale, Attorneys for Amici Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

Haralson, Miller, Pitt, Feldman & McAnally P.L.C. By Nathan J. Fidel , Phoenix, Attorney for Amici Curiae Steven Hardy and Mary Louise Hardy.

Jones, Skelton & Hochuli, P.L.C. By Eileen Dennis GilBride , Phoenix, Attorney for Amicus Curiae Mutual Insurance Company of Arizona.

Snell & Wilmer L.L.P. By Barry D. Halpern , Sara J. Agne , Phoenix, Attorneys for Amicus Curiae Arizona Medical Association.

BALES, Vice Chief Justice.

¶ 1 This case concerns the interpretation and constitutionality of A.R.S. § 12-2604, which sets requirements for experts who testify about the appropriate standard of care in medical malpractice actions.

I.

¶ 2 Seventeen-year-old Tara Baker was treated for blood clots by Dr. Brenda Wittman, an employee of University Physicians Healthcare and the Arizona Board of Regents. Ms. Baker later died and her father...

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