Gilkey v. Schweitzer

¶ 1 The plaintiff, Darlene Gilkey, individually and on behalf of the estate of her deceased husband, Joseph Gilkey, filed a complaint in the District Court for the Thirteenth Judicial District in Yellowstone County, in which she alleged that the defendant, Mike Schweitzer, M.D., failed to obtain her husband’s informed consent for placement of an epidural catheter in his thoracic spine while under anesthesia and that Dr. Schweitzer negligently inserted the catheter, and that as a result her husband was injured. The District Court granted summary judgment to Dr. Schweitzer on the basis that…