Burden of Proof for Emergency Room Doctors in a Hosptial

An Arizona state senator renewing plans to introduce a bill to make it harder to successfully sue emergency medical providers for alleged malpractice by raising the burden of proof in hospital cases against emergency room doctors.

Governor Janet Napolitano vetoed 2006 legislation and the House narrowly rejected a 2007 version. But there is new optimism because Republican Secretary of State Jan Brewer will replace Governor Napolitano because she is taking over Homeland Security in the Obama administration.

Having spent far more time writing this blog post than reading the Arizona Constitution, I can’t speak with authority on this. But I can’t imagine such a bill would pass constitutional muster. Moreover, it is just a bad idea that is absolutely unfair to medical malpractice victims.
You can read the short article on the proposed legislation here.