Hagen v. Strobel

Summary

The Alaska Supreme Court affirmed summary judgment for two cardiologists in a medical negligence and wrongful death action involving the alleged failure to relay a radiologist’s recommendation for follow-up imaging. The court held that expert testimony from a board-certified cardiologist was required to establish the applicable standard of care and that the estate had not presented such evidence. The court also held that the estate waived its challenges concerning reconsideration and amendment of the complaint through inadequate briefing.

Holdings

1. The Estate was required to present expert testimony from a board-certified physician in the relevant specialty or area to establish the standard of care and breach, and it failed to do so.
2. The alleged dispute was not material and did not preclude summary judgment because, even accepting the Estate's factual characterization, it did not establish the required standard of care through expert testimony.
3. The Estate waived its argument concerning the motion for reconsideration by giving it only cursory treatment in the appellate brief and omitting it from the statement of points on appeal.
4. The Estate waived its argument concerning amendment of the complaint through inadequate briefing.

Questions Presented

1. Whether summary judgment was proper where the Estate lacked expert testimony from a board-certified cardiologist establishing the applicable standard of care.
2. Whether an alleged factual dispute about whether Dr. Strobel received the radiologist's report created a material issue precluding summary judgment.
3. Whether the Estate preserved its challenge to the denial of its motion for reconsideration.
4. Whether the Estate preserved its challenge concerning the superior court's failure to grant or decide its motion to amend the complaint.

Disposition

affirmed