GILKEY v. SCHWEITZER

No. 98-646.

983 P.2d 869 (1999)

1999 MT 188

Darlene GILKEY, Plaintiff and Appellant, v. Mike SCHWEITZER, M.D., Defendant and Respondent.

Supreme Court of Montana.

Decided August 10, 1999


Attorney(s) appearing for the Case

James G. Edmiston III, Edmiston & Schermerhorn; Billings, Montana, For Appellant.

Herbert I. Pierce III and Colette Baumgardner Davies, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana, For Respondent.


Justice TERRY N. TRIEWEILER delivered the opinion of the Court.

¶ 1 The plaintiff, Darlene Gilkey, individually and on behalf of the estate of her deceased husband, Joseph Gilkey, filed a complaint in the District Court for the Thirteenth Judicial District in Yellowstone County, in which she alleged that the defendant, Mike Schweitzer, M.D., failed to obtain her husband's informed consent for placement of an epidural catheter in his thoracic spine

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