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FOSTER v. TRAUL

No. 33537.

175 P.3d 186 (2007)

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

Supreme Court of Idaho, Idaho Falls, October 2007 Term.

December 24, 2007.

Attorney(s) appearing for the Case

Lowell N. Hawkes, Chartered, Pocatello, for appellants. Lowell N. Hawkes and Ryan Lewis argued.

Quane Smith, LLP, Boise, for respondents Anesthesia Associates of Pocatello, P.A. and John B. Traul, M.D. Matthew F. McColl argued.

Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, for respondent John B. Traul, M.D.

J. JONES, Justice.

Lane Foster sued Dr. John Traul, Anesthesia Associates (AA) and others, alleging medical malpractice and lack of informed consent. In 2005, this Court affirmed the district court's grant of summary judgment to Defendants on Foster's negligence claim, but vacated the judgment as to Foster's informed consent claim. Shortly thereafter, Defendants again moved for summary judgment. Foster submitted the Third Affidavit of Dr. Patton in opposition to the...

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