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West Valley Camelback Hospital Inc. v. Superior Court of Arizona3/13/1990
ce premiums by separating frivolous claims from meritorious ones and encouraging pretrial settlements." Daou, 139 Ariz. at 357, 678 P.2d at 938. The notice provision discussed in Daou, is an arbitrary consideration simply provided to give form to the underlying procedures. It does not promote the specific interest articulated by the legislature. The same is not true for the rights involved here.
The right to conduct a review panel by itself provides little more than another expert opinion, and does little to separate real from frivolous claims or prompt early settlement. However, combined with the right to present the review panel findings and the right to preclude items not raised, the overall purpose of this legislation is given effect. These rights give substance to the legislature's expressed intent.
Clearly the items at issue are not merely procedural rights which do not affect an earlier established substantive right. Whether these rights could be grouped in a generic category of procedural rights in some other context is irrelevant. They are so entwined with the underlying substantive right to a review panel that they take on the attributes of substantive rights. As described in St. Joseph's Hosp., we may not prescribe a retroactive application to legislation affecting a substantive right where the legislature has not so provided.
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