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Arizona Health-Care Apology Evidence Law Is Constitutional

Aug. 18, 2021, 3:34 PM

Parents of a baby who suffered brain damage at birth lost their bid to have a jury consider a doctor’s alleged apology at trial because an Arizona law forbidding the use of such evidence is valid, a state appeals court said.

Arizona lawmakers acted within their constitutional boundaries when they adopted a law that prohibits using a doctor’s apology at a medical malpractice trial to prove his liability or as an admission against interest, the Arizona Court of Appeals, First Division, said.

Jodie Coleman was pregnant with twins. Her obstetrician, John Amon, decided to schedule a cesarean section to deliver ...