What is a School’s Standard of Care?  Is it Based on Special Relationships, Public Policy, or Both?

Author: Sitar Bhatt

Guest Editor: Grace Shuman

February 7, 2022 12:07pm

The relationship between students and schools in negligence actions in Arizona has been the subject of multiple recent cases.  Recently, the Arizona Court of Appeals examined the standards for determining negligence in Arizona.  In Hale v. Window Rock Unified School District (“District”), the court discussed the evolution of these school-student relationships within the context of negligence.

How is the Standard of Care for a Doctor Decided?

Author: Sheila Baker

Guest Editor: Grace Shuman

December 3, 2021 9:00am

The central issue in any medical malpractice case is whether the medical provider breached the applicable standard of care.  The California state appeals court recently clarified the standard of care for a physician in an unpublished case. Generally speaking, the medical standard of care is defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. The standard of care is only proven by expert testimony, unless the circumstances are such that the required conduct is within the layperson’s common knowledge.

A Recent California Case Reminds Us of the Importance of Motions in Limine

Author: Kelley Harman

Guest Editor: Grace Shuman

October 29, 2021 9:00am

A strategic and thoughtfully prepared motion in limine can allow a party to assert control over the facts that will be presented to a jury and are a commonly used tool for raising evidentiary issues relating to expert witness testimony.  A successful motion in limine can shape the course of a trial. In Valderrama v. Beautologie Cosmetic Surgery, Inc., the use of thoughtful motions in limine to preclude irrelevant testimony and prevent plaintiffs’ experts from relying on the irrelevant testimony, allowed defendants to succeed at trial.

Connecting the Dots: Prep The Experts

Author: Kimberly Sayre

Guest Editor: Kiran Gupta

October 4, 2021 3:17pm

It is important to prepare experts for anything they may encounter on the stand. In Sampson v. Surgery Center of Peoria, the Supreme Court discussed an issue regarding testimony from an expert witness who testified in a medical malpractice case.

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