Legal Opinion

Hunter v. Missoula Community Hospital

Montana Supreme Court

Decided February 10, 1988No. 87-295PublishedCited by 12 opinions

1Opinion of the CourtJustice Sheehy

In this medical malpractice case, we hold that there was no genuine issue of material fact where plaintiff failed to produce a medical expert competent to establish by testimony the applicable standard of medical care and a departure from that standard. Therefore, the District Court, Fourth Judicial District, Missoula County, correctly granted a summary judgment in favor of the medical personnel. We also determine that the doctrine of res ipsa loquitur is not applicable to this case.

In so holding, we determine that plaintiff’s case does not come within the rule that third party expert…

2Cases cited6 opinions

  1. Hill v. Squibb & Sons, ERMontana Supreme Court · 1979
  2. Montana Deaconess Hospital v. GrattonMontana Supreme Court · 1976
  3. Clark v. NorrisMontana Supreme Court · 1987
  4. Evans v. BernhardCourt of Appeals of Arizona · 1975
  5. Negaard v. Estate of FedaMontana Supreme Court · 1968

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Zimmerman v. RobertsonMontana Supreme Court · 1993
  2. Dalton v. Kalispell Regional HospitalMontana Supreme Court · 1993
  3. Seal v. Woodrows PharmacyMontana Supreme Court · 1999
  4. Falcon v. CheungMontana Supreme Court · 1993
  5. Carlson v. ThompsonMontana Supreme Court · 2001

7 more not listed; retrieve them via the Exa API.

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