Arizona Supreme Court
rasor/miller v. Northwest Hospital LLC
October 18, 2017
Summary
The court held that a defendant may challenge an expert's statutory qualifications through summary judgment without first contesting the preliminary expert affidavit. It further held that the proposed wound-care expert did not satisfy the statutory active-practice or teaching requirements for standard-of-care testimony. The court vacated portions of the court of appeals' decision and remanded for determination of whether the expert could testify regarding causation and, if necessary, whether the plaintiff should receive relief under Rule 56(d).