Seisinger v. Siebel: Seperation of Powers and Expert Witness Qualifications

In Seisinger v. Siebel, the Arizona Supreme Court held in a 4-1 decision that Arizona Revised Statutes (A.R.S.) section 12-2604(A), governing proof of the standard of care in medical malpractice cases, did not violate the separation-of- powers doctrine. Although finding that A.R.S. section 12-2604 conflicted with Arizona Rule of Evidence 702 (Rule 702), which defines expert witness qualifications, the court held that the statute was within the province and power of the legislature to enact. Although the court seemed to leave open the possibility of a constitutional challenge on other grounds, a successful challenge seems unlikely.