Dulaney v. St. Alphonsus Regional Medical Center

Anna Dulaney should have been allowed her day in the Idaho court system. A reasonable interpretation of the applicable statutes would allow the case to go forward. The district court and now the majority opinion of this Court have utilized an overly strict and parochial methodology to deter and bar a serious possible malpractice situation from being litigated. Therefore, I dissent.

The district court erred when it ruled that Drs. Mengert and Stump had not adequately familiarized themselves with the local stan*170dard of care pursuant to I.C. §§ 6-1012, - 1013. The requirements of those statutes…