MEDICAL MALPRACTICE: No fact issue as to whether pain & anxiety medications caused cancer patient to have shorter life, not necessary to address breach of standard of care, [Read more…]
The Weekly Digest of Montana Law
By Frank
MEDICAL MALPRACTICE: No fact issue as to whether pain & anxiety medications caused cancer patient to have shorter life, not necessary to address breach of standard of care, [Read more…]
By Frank
EXPERT: Supervisory control denied as to Neill’s refusal to exclude in advance of med-mal trial or hold Daubert hearing on defense expert testimony as to decedent’s alleged pre-surgery marijuana use… order. [Read more…]
By lilly
SETTLEMENT RESCISSION: Doctor, hospital, insurers seeking to rescind $1.1 million med-mal settlement for alleged faking of RSD symptoms on inquiry notice by opinions of experts, suspicions of counsel, claims time-barred, statute not tolled by fraudulent concealment… claims also barred [Read more…]
By lilly
PROCEDURE: Appeal of judgment denying motion to compel arbitration of nursing home negligence claims untimely… order.
Doris Rowe’s family initiated Medical-Legal Panel proceedings following her [Read more…]
By lilly
MEDICAL MALPRACTICE: Prospective jurors with relationships with defense counsels’ firms properly not excused for cause… pathologist properly allowed to testify as to breast cancer… any error in instructing on “loss of chance”/apportionment of damages harmless as jury found [Read more…]