Surgeon’s Dismissal Does Not Bar Derivative Claims, Arizona Supreme Court Says

(July 23, 2018, 6:52 PM EDT) -- PHOENIX — The Arizona Supreme Court held that the stipulated dismissal with prejudice of three patients’ negligence claims against a bariatric surgeon does not preclude independent negligence claims against a hospital, even though the latter claims require proof of the surgeon’s negligence.  It reversed and remanded a lower court’s dismissal of three patients’ derivative claims against a hospital on July 9 (Thomas Kopp, et al. v. Physician Group of Arizona, Inc., et al., No. 17-0222, Ariz. Sup., 2018 Ariz. LEXIS 197)....

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