Antoinette Windhurst v. Adoc

Summary

The court held that the expert-qualification requirements in A.R.S. § 12-2604(A) do not apply to claims alleging a medical institution's independent negligence, although they apply to vicarious-liability claims based on an employed health professional's conduct. It further held that Windhurst presented sufficient expert evidence of causation to avoid summary judgment and that a registered nurse may testify about causation if qualified under Rule 702. The court reversed the summary judgment ruling, vacated the court of appeals' opinion, and remanded for the trial court to determine whether the nurse was qualified under Rule 702; there were no separate opinions.