Harvest V. Craig - Arizona Court of Appeals

Harvest V. Craig

By Arizona Court of Appeals

  • Release Date: 1999-05-11
  • Genre: Law
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Harvest V. Craig Arizona Court of Appeals Book Review Score: ★★★★★ 5/5 stars

¶1 Doris Harvest and her boyfriend, Reginald Moore, ("appellants") filed a complaint for wrongful death based on medical malpractice against Dr. Michael Craig, his wife, and Medical Environments, Inc., d/b/a Bullhead Community Hospital ("appellees"). The trial court granted summary judgment in favor of appellees, finding that appellants failed to establish their malpractice claim under the clear and convincing standard required under Arizona Revised Statutes Annotated ("A.R.S.") section 32-1473 (Supp. 1997). On appeal, appellants challenge section 32-1473 on several bases. We address only one issue, finding that appellees failed to establish their entitlement to the statute's enhanced standard of proof. We therefore reverse and remand for further proceedings.

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