Estate of McGill Ex Rel. McGill v. Albrecht

OPINION

FELDMAN, Justice.

¶ 1 We granted review to determine whether a person may maintain a damage action under the Adult Protective Services Act (APSA), A.R.S. § 46-455 et seq., for injuries caused by negligent medical care provided to a vulnerable or incapacitated adult. Examining the interplay between APSA and the Medical Malpractice Act (MMA), A.R.S. § 12-561 et seq., we conclude that under some circumstances such an action may be maintained.

FACTS

¶ 2 Norma McGill died on November 7, 1997, at age sixty-four. The cause of her death, as listed on her death certificate, was cardiac arrest due…