Legal Opinion

Advanced Cardiac Specialists, Chartered v. Tri-City Cardiology Consultants, P.C.

Court of Appeals of Arizona

Decided August 25, 2009No. 1 CA-CV 08-0186PublishedCited by 8 opinions

1Opinion of the Court

OPINION

SWANN, Judge.

¶ 1 The primary defendant in this action is a physician who reported plaintiffs’ alleged medical malfeasance to the Arizona Medical Board (“AMB”) pursuant to AR.S. § 32-1451(A) (Supp.2008). 1 Alleging that defendant’s report was false, plaintiffs sued for defamation. Although we hold that A.R.S. § 32-1451(A) abrogates common law absolute immunity for such reports, we nonetheless conclude that the qualified immunity conferred by the statute is fatal to plaintiffs’ claims and affirm the trial court’s grant of summary judgment in favor of defendant.

FACTS AND PROCEDURAL HISTORY

2Cases cited14 opinions

  1. St. Amant v. ThompsonSupreme Court of the United States · 1968
  2. Godbehere v. Phoenix Newspapers, Inc.Arizona Supreme Court · 1989
  3. Dube v. LikinsCourt of Appeals of Arizona · 2007
  4. Green Acres Trust v. LondonArizona Supreme Court · 1984
  5. Peagler v. Phoenix Newspapers, Inc.Arizona Supreme Court · 1977

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3Cited by8 opinions

  1. Desert Palm Surgical Group, P.L.C. v. PettaCourt of Appeals of Arizona · 2015
  2. Seley-Radtke v. HosmaneCourt of Appeals of Maryland · 2016
  3. Rasor v. Northwest Hospital, LLC Dba Northwest Medical CenterCourt of Appeals of Arizona · 2016
  4. Yeung v. MARICCourt of Appeals of Arizona · 2010
  5. Anthony v. United StatesDistrict Court, D. Arizona · 2022

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