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JONES v. STATE BOARD OF MEDICINE

No. 12093.

555 P.2d 399 (1976)

97 Idaho 859

A. Curtis JONES, Jr., M.D., et al., Plaintiffs-Respondents, and Kenneth E. Droulard, M.D. and J.R. Farber, M.D., Plaintiff Intervenors-Respondents, v. STATE BOARD OF MEDICINE and Department of Health and Welfare of the State of Idaho, Defendant-Appellants, and Idaho Medical Association and Idaho Hospital Association, Defendant Intervenors-Appellants, and State of Idaho and Monroe G. Gollaher, Intervenor-Appellant.

Supreme Court of Idaho.

October 15, 1976.

Attorney(s) appearing for the Case

Eugene C. Thomas, Sp. Asst. Atty. Gen., Moffatt, Thomas, Barrett & Blanton, Boise, for defendants appellants.

Paul S. Street, Moffatt, Thomas, Barrett & Blanton, Boise, for defendant intervenors-appellants.

Richard C. Fields, Moffatt, Thomas, Barrett & Blanton, Boise, for intervenor-appellant.

Paul S. Boyd, Boise, for plaintiffs-respondents.

Lloyd J. Webb, Webb, Pike, Burton & Carlson, Twin Falls, for plaintiff intervenors-respondents.

SHEPARD, Justice.

This is an appeal from a judgment which held the 1975 Hospital-Medical Liability Act unconstitutional. The action was brought for declaratory judgment by certain physicians and hospitals against the State Board of Medicine and the Idaho Department of Health and Welfare. We reverse and remand for further proceedings.

The Act in question, Title 39, Ch. 42, Idaho Code, was enacted as a result of an alleged "medical malpractice insurance crisis...

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