Baker v. University Physicians Healthcare, Wittman, Arizona Board of Regents

ECKERSTROM, Presiding Judge,

specially concurring.

¶ 27 In this ease, we must determine what the legislature intended when it required that any expert testifying “on the appropriate standard of practice or care” in a medical malpractice action must specialize “in the same specialty” as the defendant physician. A.R.S. § 12-2604(A)(1). The language of the *594statute itself provides little guidance on the central issues raised here: whether the term “specialty” was intended to include sub-specialties and, if not, what definition of specialty do we apply? I concur with the majority opinion to the…