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8 Montana opinions name it 1 courts 1996–2026 3 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Loudon v. Scottgreen2 sentences2023See Chapel v. Allison, 241 Mont. 83, 91-93 , 785 P.2d 204 , 20 See also Labair v. Carey, 2012 MT 312, ¶ 17 , 367 Mont. 453 , 291 P.3d 1160 (elements of professional negligence claim generally correspond to four elements of common negligence claim); Loudon v. Scott, 58 Mont. 645, 653 , 194 P. 488, 491 (1920) (elements of a medical malpractice claim are essentially similar to those in an ordinary negligence claim). 21 Accord Howlett, ¶ 18; Horn v. St. 2023See Chapel v. Allison, 241 Mont. 83, 91-93 , 785 P.2d 204 , 20 See also Labair v. Carey, 2012 MT 312, ¶ 17 , 367 Mont. 453 , 291 P.3d 1160 (elements of professional negligence claim generally correspond to four elements of common negligence claim); Loudon v. Scott, 58 Mont. 645, 653 , 194 P. 488, 491 (1920) (elements of a medical malpractice claim are essentially similar to those in an ordinary negligence claim). 21 Accord Howlett, ¶ 18; Horn v. St. | 1 | 1 |
Glover v. Ballhagengreen2 sentences2023Accord Glover v. Ballhagen, 232 Mont. 427, 429-30 , 756 P.2d 1166, 1168 (1988) (applying Aasheim national standard of care to board-certified family practitioners). ¶18 Except under narrow circumstances not at issue here, the breach element of a medical malpractice claim generally requires proof, in the form of qualified expert testimony on a more probable than not basis, that the alleged error or omission breached, i.e., deviated from, the applicable standard of medical care. 2023Accord Glover v. Ballhagen, 232 Mont. 427, 429-30 , 756 P.2d 1166, 1168 (1988) (applying Aasheim national standard of care to board-certified family practitioners). ¶18 Except under narrow circumstances not at issue here, the breach element of a medical malpractice claim generally requires proof, in the form of qualified expert testimony on a more probable than not basis, that the alleged error or omission breached, i.e., deviated from, the applicable standard of medical care. | 1 | 1 |
Chapel v. Allisongreen2 sentences2023See Chapel v. Allison, 241 Mont. 83, 91-93 , 785 P.2d 204 , 20 See also Labair v. Carey, 2012 MT 312, ¶ 17 , 367 Mont. 453 , 291 P.3d 1160 (elements of professional negligence claim generally correspond to four elements of common negligence claim); Loudon v. Scott, 58 Mont. 645, 653 , 194 P. 488, 491 (1920) (elements of a medical malpractice claim are essentially similar to those in an ordinary negligence claim). 21 Accord Howlett, ¶ 18; Horn v. St. 2023See Chapel v. Allison, 241 Mont. 83, 91-93 , 785 P.2d 204 , 20 See also Labair v. Carey, 2012 MT 312, ¶ 17 , 367 Mont. 453 , 291 P.3d 1160 (elements of professional negligence claim generally correspond to four elements of common negligence claim); Loudon v. Scott, 58 Mont. 645, 653 , 194 P. 488, 491 (1920) (elements of a medical malpractice claim are essentially similar to those in an ordinary negligence claim). 21 Accord Howlett, ¶ 18; Horn v. St. | 1 | 1 |
Labair Ex Rel. Labair v. Careygreen2 sentences2023See Chapel v. Allison, 241 Mont. 83, 91-93 , 785 P.2d 204 , 20 See also Labair v. Carey, 2012 MT 312, ¶ 17 , 367 Mont. 453 , 291 P.3d 1160 (elements of professional negligence claim generally correspond to four elements of common negligence claim); Loudon v. Scott, 58 Mont. 645, 653 , 194 P. 488, 491 (1920) (elements of a medical malpractice claim are essentially similar to those in an ordinary negligence claim). 21 Accord Howlett, ¶ 18; Horn v. St. 2023See Chapel v. Allison, 241 Mont. 83, 91-93 , 785 P.2d 204 , 20 See also Labair v. Carey, 2012 MT 312, ¶ 17 , 367 Mont. 453 , 291 P.3d 1160 (elements of professional negligence claim generally correspond to four elements of common negligence claim); Loudon v. Scott, 58 Mont. 645, 653 , 194 P. 488, 491 (1920) (elements of a medical malpractice claim are essentially similar to those in an ordinary negligence claim). 21 Accord Howlett, ¶ 18; Horn v. St. | 1 | 1 |
Cosgriffe v. Cosgriffegreen2 sentences2020See Cosgriffe v. Cosgriffe, 262 Mont. 175, 181 , 864 P.2d 776, 780 (1993). 2020See Cosgriffe v. Cosgriffe, 262 Mont. 175, 181 , 864 P.2d 776, 780 (1993). | 1 | 1 |
Zimmerman v. Robertsongreen2 sentences2015Zimmerman v. Robertson, *28 259 Mont. 105, 112 , 854 P.2d 338, 342 (1993) (“We note only that the cases generally support the proposition that a medical malpractice claim premised on a theory of lack of informed consent is a separate cause of action rather than an ‘element’ in an otherwise specifically alleged claim of professional negligence.... [In previous cases, plaintiffs have] sought personal injury damages based, alternatively, on alleged surgical negligence, alleged negligence in post-operative care, and an alleged negligent failure by the doctor to disclose the risks inherent in the o 2015Zimmerman v. Robertson, *28 259 Mont. 105, 112 , 854 P.2d 338, 342 (1993) (“We note only that the cases generally support the proposition that a medical malpractice claim premised on a theory of lack of informed consent is a separate cause of action rather than an ‘element’ in an otherwise specifically alleged claim of professional negligence.... [In previous cases, plaintiffs have] sought personal injury damages based, alternatively, on alleged surgical negligence, alleged negligence in post-operative care, and an alleged negligent failure by the doctor to disclose the risks inherent in the o | 1 | 1 |
Lieberman v. Employers Ins. of Wausaugreen1 sentence2012Under no circumstances, however, should the negligent attorney be permitted to align himself with the defendant physician in arguing that the medical malpractice claim was not viable or 2 Ironically, the court in Lieberman (the precedent which this Court cited in adopting the “suit within a suit” framework, see Stott, 246 Mont. at 305 , 805 P.2d at 1307-08 ) determined that the plaintiff there “should not be restricted to the more or less conventional mode of trying a ‘suit within a suit’ to establish entitlement to damages.” Lieberman, 419 A.2d at 426 (emphasis added). 27 would not have been | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Montana Deaconess Hospital v. Gratton
green
2 sentences2023Howlett v. Chiropractic Ctr., P.C., 2020 MT 74 , ¶ 18, 399 Mont. 401 , 460 P.3d 942 ; Beehler, ¶¶ 18 and 23-24 (internal citations omitted); Estate of Willson v. Addison, 2011 MT 179, ¶¶ 17-18 , 361 Mont. 269 , 258 P.3d 410 ; Gratton, 169 Mont. at 189-90 , 545 P.2d at 672-73 . 2023Howlett v. Chiropractic Ctr., P.C., 2020 MT 74 , ¶ 18, 399 Mont. 401 , 460 P.3d 942 ; Beehler, ¶¶ 18 and 23-24 (internal citations omitted); Estate of Willson v. Addison, 2011 MT 179, ¶¶ 17-18 , 361 Mont. 269 , 258 P.3d 410 ; Gratton, 169 Mont. at 189-90 , 545 P.2d at 672-73 . | 2 | 1998–2023 |
Pickett v. Cortese
neutral
2 sentences2026But 8 Accordingly, we have said that MMLPA review is a jurisdictional “condition precedent to commencing a medical malpractice action.” Pickett v. Cortese, 2014 MT 166, ¶ 17 , 375 Mont. 320 , 328 P.3d 660 (court had jurisdiction because plaintiff’s claims against doctor submitted to panel for pre-filing review sufficiently encompassed her claims presented later in district court); accord Selensky-Foust, ¶ 4 n.3 (“the claimant must complete the [MMLPA] administrative process before pursuing a medical malpractice claim in district court”). 9 The defined term is a “malpractice claim,” not a medic 2026But 8 Accordingly, we have said that MMLPA review is a jurisdictional “condition precedent to commencing a medical malpractice action.” Pickett v. Cortese, 2014 MT 166, ¶ 17 , 375 Mont. 320 , 328 P.3d 660 (court had jurisdiction because plaintiff’s claims against doctor submitted to panel for pre-filing review sufficiently encompassed her claims presented later in district court); accord Selensky-Foust, ¶ 4 n.3 (“the claimant must complete the [MMLPA] administrative process before pursuing a medical malpractice claim in district court”). 9 The defined term is a “malpractice claim,” not a medic | 1 | 2026–2026 |
Busta Ex Rel. Busta v. Columbus Hospital Corp.
green
2 sentences2023Thus, except 22 See also § 27-1-317, MCA (tort causation standard as clarified in Busta, 276 Mont. at 370-71 , 916 P.2d at 139-40 ). 23 Busta, 276 Mont. at 371 , 916 P.2d at 139 (in re alternative “substantial factor” and “natural and continuous sequence” causation-in-fact tests). 22 under narrow circumstances not at issue here,24 the causation element of a medical malpractice claim generally requires proof in the form of qualified expert testimony, on a more probable than not basis, that the alleged breach or deviation from the applicable standard of medical care was a cause-in-fact of the al 2023Thus, except 22 See also § 27-1-317, MCA (tort causation standard as clarified in Busta, 276 Mont. at 370-71 , 916 P.2d at 139-40 ). 23 Busta, 276 Mont. at 371 , 916 P.2d at 139 (in re alternative “substantial factor” and “natural and continuous sequence” causation-in-fact tests). 22 under narrow circumstances not at issue here,24 the causation element of a medical malpractice claim generally requires proof in the form of qualified expert testimony, on a more probable than not basis, that the alleged breach or deviation from the applicable standard of medical care was a cause-in-fact of the al | 1 | 2023–2023 |
Estate of Willson v. Addison
green
2 sentences2023Peter’s Hosp., 2017 MT 298, ¶ 20 , 389 Mont. 449 , 406 P.3d 932 ; Estate of Willson v. Addison, 2011 MT 179, ¶¶ 17-18 , 361 Mont. 269 , 258 P.3d 410 . 19 209-10 (1990) (distinguishing “‘national’ specialist standard” applicable without regard for “geographical limitations” to “any physician who holds himself or herself out” as a “board-certified specialist[] or board-certified general or family practitioner[]” from the lesser standard of care for “non-board-certified general practitioner[s],” i.e., “the standard of care of a “reasonably competent general practitioner acting in the same or simi 2023Peter’s Hosp., 2017 MT 298, ¶ 20 , 389 Mont. 449 , 406 P.3d 932 ; Estate of Willson v. Addison, 2011 MT 179, ¶¶ 17-18 , 361 Mont. 269 , 258 P.3d 410 . 19 209-10 (1990) (distinguishing “‘national’ specialist standard” applicable without regard for “geographical limitations” to “any physician who holds himself or herself out” as a “board-certified specialist[] or board-certified general or family practitioner[]” from the lesser standard of care for “non-board-certified general practitioner[s],” i.e., “the standard of care of a “reasonably competent general practitioner acting in the same or simi | 1 | 2023–2023 |
Horn v. St. Peter's Hospital
green
2 sentences2023Peter’s Hosp., 2017 MT 298, ¶ 20 , 389 Mont. 449 , 406 P.3d 932 ; Estate of Willson v. Addison, 2011 MT 179, ¶¶ 17-18 , 361 Mont. 269 , 258 P.3d 410 . 19 209-10 (1990) (distinguishing “‘national’ specialist standard” applicable without regard for “geographical limitations” to “any physician who holds himself or herself out” as a “board-certified specialist[] or board-certified general or family practitioner[]” from the lesser standard of care for “non-board-certified general practitioner[s],” i.e., “the standard of care of a “reasonably competent general practitioner acting in the same or simi 2023Peter’s Hosp., 2017 MT 298, ¶ 20 , 389 Mont. 449 , 406 P.3d 932 ; Estate of Willson v. Addison, 2011 MT 179, ¶¶ 17-18 , 361 Mont. 269 , 258 P.3d 410 . 19 209-10 (1990) (distinguishing “‘national’ specialist standard” applicable without regard for “geographical limitations” to “any physician who holds himself or herself out” as a “board-certified specialist[] or board-certified general or family practitioner[]” from the lesser standard of care for “non-board-certified general practitioner[s],” i.e., “the standard of care of a “reasonably competent general practitioner acting in the same or simi | 1 | 2023–2023 |
McColl v. Lang
neutral
2 sentences2023Beehler, ¶¶ 21-32; McColl v. Lang, 2016 MT 255, ¶¶ 16-18 , 385 Mont. 150 , 381 P.3d 574 . 2023Beehler, ¶¶ 21-32; McColl v. Lang, 2016 MT 255, ¶¶ 16-18 , 385 Mont. 150 , 381 P.3d 574 . | 1 | 2023–2023 |
Selensky-Foust v. Mercer
neutral
1 sentence2022Selensky-Foust v. Mercer, 2022 MT 97 , ¶ 4 n.3, 408 Mont. 488 , 510 P.3d 78 (citing §§ 27-6-606(1), -701, and -704, MCA). | 1 | 2022–2022 |
Stott v. Fox
green
2 sentences2012Under no circumstances, however, should the negligent attorney be permitted to align himself with the defendant physician in arguing that the medical malpractice claim was not viable or 2 Ironically, the court in Lieberman (the precedent which this Court cited in adopting the “suit within a suit” framework, see Stott, 246 Mont. at 305 , 805 P.2d at 1307-08 ) determined that the plaintiff there “should not be restricted to the more or less conventional mode of trying a ‘suit within a suit’ to establish entitlement to damages.” Lieberman, 419 A.2d at 426 (emphasis added). 27 would not have been 2012Under no circumstances, however, should the negligent attorney be permitted to align himself with the defendant physician in arguing that the medical malpractice claim was not viable or 2 Ironically, the court in Lieberman (the precedent which this Court cited in adopting the “suit within a suit” framework, see Stott, 246 Mont. at 305 , 805 P.2d at 1307-08 ) determined that the plaintiff there “should not be restricted to the more or less conventional mode of trying a ‘suit within a suit’ to establish entitlement to damages.” Lieberman, 419 A.2d at 426 (emphasis added). 27 would not have been | 1 | 2012–2012 |
Hunter v. Missoula Community Hospital
green
2 sentences1998Estate of Nielsen, 265 Mont. at 473 , 878 P.2d at 235-36 ; Hunter v. Missoula Community Hosp. (1988), 230 Mont. 300, 301 , 750 P.2d 106, 106 ; Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 189 , 545 P.2d 670, 672 . 1998Estate of Nielsen, 265 Mont. at 473 , 878 P.2d at 235-36 ; Hunter v. Missoula Community Hosp. (1988), 230 Mont. 300, 301 , 750 P.2d 106, 106 ; Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 189 , 545 P.2d 670, 672 . | 1 | 1998–1998 |
Estate of Nielsen v. Pardis
green
2 sentences1998Estate of Nielsen, 265 Mont. at 473 , 878 P.2d at 235-36 ; Hunter v. Missoula Community Hosp. (1988), 230 Mont. 300, 301 , 750 P.2d 106, 106 ; Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 189 , 545 P.2d 670, 672 . 1998Estate of Nielsen, 265 Mont. at 473 , 878 P.2d at 235-36 ; Hunter v. Missoula Community Hosp. (1988), 230 Mont. 300, 301 , 750 P.2d 106, 106 ; Montana Deaconess Hospital v. Gratton (1976), 169 Mont. 185, 189 , 545 P.2d 670, 672 . | 1 | 1998–1998 |
Eisenmenger v. Ethicon, Inc.
green
2 sentences1996The plaintiff filed a medical malpractice claim against the doctor and hospital and a products liability claim against Ethicon, Inc. Eisenmenger, 871 P.2d at 1315 . 1996The plaintiff filed a medical malpractice claim against the doctor and hospital and a products liability claim against Ethicon, Inc. Eisenmenger, 871 P.2d at 1315 . | 1 | 1996–1996 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.