Montana Law Week

The Weekly Digest of Montana Law

Nursing, Warfarin prescriptions, heart attack death

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NURSING: Clinic nurse who prescribed increased Warfarin to patient who later died of heart attack shielded from personal liability by corporate shield, not liable under CPA for employer’s business practices… claims framed in ordinary negligence or “nursing malpractice” in attempt to avoid med-mal damages cap… Recht affirmed (memorandum). [Read more…]

Group health plan, made-whole, class certification

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GROUP HEALTH PLAN: Class properly certified in made-whole challenge of exclusion requiring auto liability to be exhausted prior to processing health plan claims… 1 known member but others certain to be found or class may be decertified… Sherlock affirmed. [Read more…]

Medical malpractice, admitted liability medicals

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MEDICAL MALPRACTICE: Summary judgment in amount of $752,723.62 medical bills incurred for admitted liability bile duct severance, consistent with Rule 56 and Ridley, over contention that Plaintiffs can recover only $233,736.30 paid by Medicare and Medicaid… summary judgment for $76,723 undisputed home care, disputed amounts may be resolved at trial… pre-judgment interest on summary judgment amounts… Manley. [Read more…]