Emergency Care Proof Standard Clarified by Arizona High Court

An Arizona medical malpractice plaintiff can proceed against a hospital emergency department despite proof that its negligence only “likely” caused her husband’s death, the state’s top court said.

Margarita Henke didn’t need to present evidence before trial necessary to meet the state’s statutorily required “clear and convincing” standard of proof for malpractice claims against emergency departments, the Arizona Supreme Court said Wednesday. At this stage, she needed only to introduce evidence of the basic elements of her claim—the standard of care, its breach, and causation, the court said.

The court cleared up a dispute caused by conflating the elements of ...