01/21/2026
The Arizona Legislature adopted a medical expert affidavit requirement, ARS 12-2603 et seq, which requires an “expert” opinion to support the basis for filing a medical malpractice lawsuit in Arizona courts as part of the “requirement” for even getting in the door of the courthouse.
Today, in Berk v Choy, __US__ (2026) https://www.supremecourt.gov/opinions/25pdf/24-440_1b82.pdf, the US Supreme Court held that when a plaintiff brings a state-law claim (medical malpractice case) in federal court that requirement is “procedural” and is trumped by Federal Rules of Civil Procedure and no affidavit is required (rejecting an identical requirement in another state which followed Arizona's model). . . look for a lot of state court cases to be filed in Federal District Court.
