Arizona Legislature Considers Law To Increase Proof in a Medical Malpractice Case

Legislatures around the country are constantly trying to erode the rights of people injured by doctors. In Arizona, the legislature is considering a bill that would require the injured person to prove that the doctor was negligent based on clear and convincing evidence. The current law requires a lesser standard known as the preponderance of the evidence – which means what is more likely true. The proposed law would force the injured person to present even more evidence about the doctor's negligence. Even if it is more likely than not that the doctor was negligent, this will not be enough to establish responsibility.

Ohio’s legislature is not considering a similar bill but has passed several medical malpractice bills over the last several decades. Each time, the legislature makes it more difficult for an injured person to recover. One recent bill placed caps or limitations on the amount of money that can be recovered for non-economic damages.

To read more about the Arizona bill, click here.