A.R.S. 12-570
Malpractice settlement or award reporting; civil penalty; definition
A. If a medical malpractice action or an action brought under section 46-455 against a nursing care institution is settled or a court enters a monetary judgment:
1. The professional liability insurers shall provide the defendant's health profession regulatory board with all information required to be filed with the national practitioner data bank pursuant to Public Law 99-660. In the case of an action brought under section 46-455 against a nursing care institution, the information shall be provided to the department of health services.
2. The plaintiff's attorney shall provide the defendant's health profession regulatory board, or, in the case of an action brought against a nursing care institution, the department of health services, with the notice described in subsection B of this section, a copy of the complaint and a copy of either the agreed terms of settlement or the judgment. The attorney shall provide this notice and these documents within thirty days after a settlement is reached or a judgment is entered.
B. The notice required by subsection A of this section shall contain the following information:
1. The name and address of each defendant.
2. The name, date of birth and address of each plaintiff.
3. The date and location of the occurrence which created the claim.
4. A statement specifying the nature of the occurrence resulting in the malpractice action.
5. A copy of all expert witness depositions, a transcript of all expert witness court testimony or a written evaluation of the case by an expert witness.
C. The notice required by subsection A of this section is not discoverable and not admissible as evidence.
D. An attorney who does not supply the information required by subsections A and B of this section within thirty days after the notice of settlement or judgment is due under subsection A of this section is subject to a civil penalty of five hundred dollars.
E. A confidentiality clause in a settlement agreement does not apply to the reporting requirements of this section.
F. For the purposes of this section, "health profession regulatory board" has the same meaning prescribed in section 32-3201.
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A.R.S. 12-571
Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses
A. A health professional, as defined in section 32-3201, who provides medical or dental treatment within the scope of the health professional's certificate or license at a nonprofit clinic where neither the professional nor the clinic receives compensation for any treatment provided at the clinic is not liable in a medical malpractice action, unless such health professional was grossly negligent.
B. A health professional who, within the professional's scope of practice, provides previously owned prescription eyeglasses free of charge through a charitable, nonprofit or fraternal organization is not liable for an injury to the recipient if the recipient or the recipient's parent or legal guardian has signed a medical malpractice release form and the injury is not a direct result of the health professional's intentional misconduct or gross negligence. For purposes of this subsection, "medical malpractice release form" means a document that the recipient or the recipient's parent or legal guardian signs before the recipient receives eyeglasses pursuant to this subsection to acknowledge that the eyeglasses were not made specifically for the recipient and to accept full responsibility for the recipient's eye safety.
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A.R.S. 12-581
Definitions
In this article, unless the context otherwise requires:
1. "Bodily injury" means bodily harm, sickness, disease or emotional or mental distress, including death resulting from any of these conditions at any time, sustained by a person.
2. "Claimant" means a person suffering bodily injury, a person claiming on behalf of or as a result of bodily injury to another person, the representative of the estate of a deceased person or a beneficiary of a wrongful death action.
3. "Costs of health care" means medical, custodial, rehabilitative and related expenses.
4. "Economic loss" means pecuniary harm for which damages are recoverable.
5. "Future damages" means economic loss and noneconomic loss arising from bodily injury which accrues after trial of a claim under this article.
6. "Noneconomic loss" means nonpecuniary harm for which damages are recoverable but does not include punitive or exemplary damages.
7. "Past damages" means economic loss and noneconomic loss arising from bodily injury which have accrued before a claim is tried under this article, including punitive or exemplary damages.
8. "Qualified insurer" means an insurer, self-insurer, plan or arrangement approved by the director of the department of insurance.
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A.R.S. 12-582
Election of periodic payments
A. This article applies to any trial involving a claim for future damages arising out of a medical malpractice action. Any party may elect to receive or pay future damages for economic losses in periodic installments in accordance with this article.
B. The election shall be made pursuant to court rule. Any objection to the election shall be made pursuant to court rule.
C. An election filed by a party claiming or responding to a claim for future damages is effective unless an objecting party shows good cause pursuant to section 12-583 why the trial or arbitration of a claim affecting the party should not be conducted under this article.
D. If an effective election is on file at the commencement of trial, all claims, including third party claims, counterclaims and claims consolidated for trial shall be tried under this article unless the court finds that a separate trial or other proceeding should be held on some or all of the claims that are not the subject of the election.
E. An effective election may be withdrawn only by consent of all parties to the claim to which the election relates.