VERDICT: Defense, med-mal death, life-flighting 8-year old injured in ATV accident to Kalispell rather than Great Falls. [Read more…]
Defense verdict, failure to timely diagnose cholecystitis
VERDICT: Defense, med-mal, alleged failure to timely diagnose acute cholecystitis. [Read more…]
Med-mal non-economic damages cap unconstitutional
MED-MAL NON-ECONOMIC DAMAGES CAP declared unconstitutional… Best. [Read more…]
Med-mal, knee replacement, insufficient service
MEDICAL MALPRACTICE: Knee replacement surgeon properly dismissed for insufficient service after his Ch. 7 discharge, motion to add malpractice insurer as real party properly denied for failure to establish malpractice liability… Kutzman affirmed. [Read more…]
Med-mal, MLP application for deceased mother
MEDICAL MALPRACTICE: Initial MLP application relating to mother’s death deficient as son lacked authority until he received his PR Letters when it was too late… Todd affirmed (memorandum). [Read more…]
Medical malpractice, hospital decedent’s cell phone
MEDICAL MALPRACTICE: Supervisory control of McElyea denied as to order to produce decedent’s cell phone for hospital’s expert to attempt to retrieve data for 2 days of hospitalization in case alleging death resulting from excessive medication… Petitioner’s request to “File Additional Information to Correct the Record” rejected as inappropriate under MRAP… order. [Read more…]
Defense verdict, high school football player, brain
VERDICT: Defense, hospital not negligent in connection with high school football player’s severe brain injury. . . $750,000 settlement with school district. [Read more…]
Medical malpractice, CF birth, defense verdict
MEDICAL MALPRACTICE: Defense verdict affirmed in suit against NP and OB/GYN where mother claimed that had she known baby would have CF she would have aborted… collateral source testimony properly admitted under curative rule… expert testimony within disclosure scope… new trial properly denied based on suggestion that mother was suing out of avarice for herself instead of for the child’s well-being… Salvagni affirmed. [Read more…]
Appeal procedure, hospital malpractice rulings
APPEAL PROCEDURE: “Application for leave to appeal” pretrial rulings/sanctions order in event Supreme Court affirms new-trial order following hospital malpractice defense verdict denied… order. [Read more…]
New trial, hospital malpractice defense verdict
NEW TRIAL granted following hospital malpractice defense verdict based on failure to excuse spouses of hospital employees for cause prior to voir dire, failure to clarify at jury’s request loss-of-chance instruction which mentioned only “doctors” and not health providers generally… H. Brown. [Read more…]