Duncan v. Scottsdale Medical Imaging, Ltd.

OPINION

JONES, Chief Justice.

INTRODUCTION

¶ 1 We granted review of two questions raised by petitioner, Martha Duncan, to determine whether the trial court and court of appeals erred in dismissing Duncan’s battery claim against respondent, Scottsdale Medical Imaging (“SMI”): (1) whether the injection of a drug by a health care provider against a patient’s express wishes constitutes a battery, and (2) whether section 12-562(B) of Arizona’s Medical Malpractice Act (“MMA”), Ariz.Rev.Stat. (“A.R.S.”) §§ 12-561 to -594 (2003), violates Aticle 18, Section 6 of the Aizona Constitution as an abrogation…