Shane v. Blair

TROUT, Chief Justice.

This is a medical malpractice case resulting from back surgery performed by Dr. Benjamin Blair (Blair) on Karen Shane (Shane) in Pocatello in January, 1997. Shane appeals the district judge’s grant of summary judgment in favor of Blair.

I

FACTUAL AND PROCEDURAL BACKGROUND

Shane filed suit against Blair in July, 1999, alleging that Blair negligently breached the applicable standard of care in operating on Shane’s spine. Blair moved for summary judgment, attaching his own affidavit indicating that he had complied with the applicable standard of care in every respect in his…