Arizona Supreme Court Rules in Favor of Physicians in Medical Malpractice Case

September 6, 2024

ArMA & Other Advocates Preserve Expert Testimony for Standard of Care Lawsuits

Expert testimony remains a requirement to establish standard of care in medical malpractice lawsuits, according to a recent ruling by the Arizona Supreme Court. 


The Arizona Medical Association joined the American Medical Association, HonorHealth, and other healthcare advocacy groups in supporting the defendants of local medical malpractice lawsuit, Francisco, et al. v. Affiliated Urologists, et al. 


The case challenged the state’s statute that requires expert testimony to establish standard of care. The plaintiffs argued that a “black box warning” from the U.S. Food & Drug Administration was sufficient to establish standard of care, therefore removing the need for expert testimony. 


Physician advocates, including ArMA, quickly stepped up to impress the importance of expert testimony in deciding cases of medical malpractice.

Why Expert Testimony Plays a Critical Role in Medical Malpractice Cases

ArMA submitted an amicus brief in support of upholding the current state statute that expert testimonies must be required in negligence claims concerning medical malpractice. While important to patient care, the FDA’s “black box warnings” are no replacement for expert clinical opinions. In determining whether the standard of care was followed in medical malpractice lawsuits, the Courts should have all of the available information, including the opinion of a clinical expert who has examined the unique case in question.

The Court’s Opinion on Francisco, et al. v. Affiliated Urologists, et al. 

Arizona Supreme Court Justice Montgomery issued the Opinion of Court, stating that Arizona law does not permit “a warning required by the [FDA]” to be used as a “substitute for the required testimony and independently establish the standard of care.”

Physician Advocacy Protects Healthcare

ArMA proudly serves as Arizona physicians’ strongest advocate, ally, and resource. We amplify the physician voice at the Arizona State Capitol and beyond by lobbying for strong healthcare policies, fighting against inappropriate legislation, and engaging an energetic base of volunteer advocates. 

To learn more about ArMA’s advocacy efforts, read our 2024 Legislative Report.

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