Legal Opinion · Dissent

Griffin v. Moseley

Montana Supreme Court

Decided June 8, 2010No. DA 09-0633Published

1DissentJustice Rice

¶41 I disagree with the Court’s conclusion regarding Dr. Houchin’s ability to testify regarding the standard of care applicable to neurosurgeons. The Court recognizes that Dr. Houchin was not qualified to render an expert opinion regarding the standard of care governing a board-certified neurosurgeon’s obtaining a patient’s informed consent about the risks of the surgery itself. See Opinion, ¶ 31. Nonetheless, the Court determines that Dr. Houchin was qualified to render an expert opinion regarding the standard of care governing a board-certified neurosurgeon’s obtaining a patient’s informed…

2Cases cited4 opinions

  1. Dalton v. Kalispell Regional HospitalMontana Supreme Court · 1993
  2. Hunter v. Missoula Community HospitalMontana Supreme Court · 1988
  3. Glover v. BallhagenMontana Supreme Court · 1988
  4. O'LEYAR v. CallenderMontana Supreme Court · 1992

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