Rook v. Trout

DONALDSON, Justice.*

This medical malpractice action is on appeal from an order of the district court granting summary judgment in favor of defendant-respondent, a health care provider. Plaintiff-appellant argues that there remains a factual dispute whether defendant adequately informed him of the risks attendant to medical treatment he received and of alternative courses of treatment. After reviewing the record before us and Idaho’s informed consent statutes, I.C. §§ 39-4301 et seq., we hold that a genuine issue of material fact exists and, thus, reverse and remand.

The present controversy…