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Duncan v. Scottsdale Medical Imaging, Ltd.: Restoring a Patient's Right to Sue for Battery

Abstract

The law protects the doctor-patient relationship for the purpose of furthering open communication, which is deemed essential for proper and effective medical treatment. The law in most states provides an action in battery to recover damages when doctors lie to or mislead patients and injury results. However, Arizona's Medical Malpractice Act ("MMA") precluded such actions, until the Arizona Supreme Court in Duncan v. Scottsdale Medical Imaging, Ltd. struck down the offending statutes as being inconsistent with the Arizona Constitution.

How to Cite

46 Ariz. L. Rev. 843 (2004)

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Authors

Rachel L. Alpers (University of Arizona)

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