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WINDHURST v. ARIZONA DEP'T OF CORRECTIONS

No. CV-21-0288-PR.

536 P.3d 764 (2023)

Antoinette WINDHURST, a Single/Widowed Woman, on Behalf of Herself, and As a Personal Representative of the Estate of Her Deceased Husband, David Windhurst, Plaintiff/Appellant, v. ARIZONA DEPARTMENT OF CORRECTIONS, a Governmental Entity; Ryan Thornell, in His Individual Capacity As The Director of Arizona Department of Corrections; State of Arizona, a Governmental Entity; Corizon Health, Inc., a Business Domiciled in Arizona, Defendants/Appellees.

Supreme Court of Arizona.

Filed October 11, 2023.

Attorney(s) appearing for the Case

Rita J. Bustos (argued), Anthony J. Fernandez , Dustin A. Christner , Alyssa R. Illsley , Quintairos, Prieto, Wood & Boyer, P.A., Scottsdale, Attorneys for Corizon Health, Inc., Arizona Department of Corrections, Ryan Thornell, and the State of Arizona.

Nathan S. Rothschild , Bernardo M. Velasco (argued), Mesch Clark Rothschild, Tucson; and Michael J. Crawford , Crawford Law, PLLC, Tucson, Attorneys for Antoinette Windhurst.

Eileen Dennis GilBride , Jones, Skelton & Hochuli P.L.C., Phoenix, Attorney for Amici Curiae Banner Health, Dignity Health, HonorHealth, Mutual Insurance Company of Arizona, and Phoenix Children's Hospital.

David L. Abney , Ahwatukee Legal Office, P.C., Phoenix; and Daniel Rubinov , RAJ Law PLLC, Phoenix, Attorneys for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

JUSTICE BEENE authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, and LOPEZ joined.

¶1 A plaintiff who brings a medical malpractice action must prove that a medical institution or individual provider fell below the applicable standard of care. See A.R.S. §§ 12-563, -561(1)(a); Seisinger v. Siebel, 220 Ariz...

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