Dlouhy v. Kootenai Hospital District

Summary

The Idaho Supreme Court reviewed a summary judgment ruling in a medical malpractice action against Kootenai Hospital District. The court held that the plaintiffs’ out-of-area gastroenterology expert had adequately established familiarity with the applicable community standard of care, but that a second expert’s opinion lacked sufficient foundation because it was not supported by sworn testimony or an affidavit. The court reversed in part, vacated the judgment, and remanded for further proceedings.

Holdings

1. An out-of-area expert may testify that a national standard of care applies to a board-certified defendant specialist when the expert and defendant are board-certified in the same specialty and the expert inquires into the local standard to ensure that it does not deviate from the national standard.
2. Hammerman's testimony was admissible on summary judgment because he and the defendant physician were board-certified gastroenterologists, and Hammerman's review of the defendant's deposition established that the community standard in Coeur d'Alene did not deviate from the national standard.
3. Schmidt's opinion regarding the standard of care was inadmissible because the plaintiffs submitted neither sworn testimony from Schmidt nor an affidavit or declaration establishing how she became familiar with the applicable community standard.

Questions Presented

1. Whether the district court erred in granting summary judgment because the plaintiffs failed to provide sufficient expert testimony establishing the applicable community standard of care.
2. Whether Kenneth Hammerman, an out-of-area, board-certified gastroenterologist, had adequately established actual knowledge of the applicable community standard of care.
3. Whether Judy Schmidt's unsworn expert report and the parties' expert witness disclosure supplied admissible testimony establishing the applicable community standard of care.

Disposition

reversed_and_remanded