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SATO v. SCHOSSBERGER

No. 18416.

792 P.2d 336 (1990)

117 Idaho 771

Clifford SATO and Bettie Sato, husband and wife, Plaintiffs-Appellants, v. Peter S. SCHOSSBERGER, Defendant-Respondent, and St. Anthony Community Hospital, Defendant.

Supreme Court of Idaho.

May 17, 1990.

Attorney(s) appearing for the Case

Petersen, Moss, Olsen, Meacham & Carr, Idaho Falls, for plaintiffs-appellants. William C. Carr argued.

Merrill & Merrill, Pocatello, for defendant-respondent. Wesley F. Merrill argued.

JOHNSON, Justice.

This is a medical malpractice case that was dismissed for lack of prosecution under I.R.C.P. 40(c). We affirm the dismissal, except as to the claim that the doctor did not properly and fully advise the patient of the risks she was facing in the surgery. We hold that it was an abuse of discretion for the trial court to dismiss this claim.

I. THE BACKGROUND AND PRIOR PROCEEDINGS.

In July 1978 Bettie Sato (the patient) consulted Dr...

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