Legal Opinion
Sato v. Schossberger
Idaho Supreme Court
Decided May 17, 1990No. 18416PublishedCited by 28 opinions
1Opinion of the Court
JOHNSON, Justice.
This is a medical malpractice case that was dismissed for lack of prosecution under I.R.C.P. 40(c). We affirm the dismissal, except as to the claim that the doctor did not properly and fully advise the patient of the risks she was facing in the surgery. We hold that it was an abuse of discretion for the trial court to dismiss this claim.
I. THE BACKGROUND AND PRIOR PROCEEDINGS.
In July 1978 Bettie Sato (the patient) consulted Dr. Peter Schossberger (the doctor) about pain she was experiencing. In September 1978 the doctor performed surgery to sever nerves in the patient’s back…
2Cases cited3 opinions
- Kirkham v. 4.60 Acres of Land in Vicinity of InkomIdaho Supreme Court · 1980
- Burrup v. StangerIdaho Supreme Court · 1988
- Agrodyne, Inc. v. BeardIdaho Court of Appeals · 1988
3Cited by28 opinions
- State v. SheahanIdaho Supreme Court · 2003
- Ervin Construction Co. v. Van OrdenIdaho Supreme Court · 1993
- Spence v. HowellIdaho Supreme Court · 1995
- State v. DoppIdaho Supreme Court · 1993
- State v. WeberIdaho Supreme Court · 2004
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