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FOSTER v. TRAUL

No. 30052.

120 P.3d 278 (2005)

141 Idaho 890

Frank Lane FOSTER and Edith Foster, husband and wife, Plaintiffs-Appellants, v. John B. TRAUL, M.D., John Tatham, CRNA, Anesthesia Associates of Pocatello, P.A., and Pocatello Regional Medical Center, Defendants-Respondents.

Supreme Court of Idaho, Boise, March 2005 Term.

Rehearing Denied September 12, 2005.

Attorney(s) appearing for the Case

Lowell N. Hawkes, Chtd., Pocatello, for appellants. Lowell N. Hawkes argued.

Quane, Smith, LLP, Boise, and Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, for respondents Tatam, Traul & Anesthesia Associates. Matthew F. McColl argued.

Dalling & Dalling, Pocatello, for respondent Pocatello Regional Medical Center.

BURDICK, Justice.

Frank Lane Foster sued Pocatello Regional Medical Center (PRMC) and medical service providers, alleging medical negligence and lack of informed consent. Foster appeals from a district court's grant of summary judgment on both counts in favor of the Defendants. We affirm in part and vacate in part, remanding for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

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