Hastie v. Alpine Orthopedics & Sports Medicine
363 P.3d 435
Mont.2015Background
- Hastie sustained Lisfranc fractures in an ATV accident and treated by Alpine Orthopedics; open reduction internal fixation was performed on October 7, 2010 with screws placed in the foot.
- Post-operative instructions included non-weightbearing with a removable orthotic boot and six-week follow-up; initial post-op appointment occurred October 18, 2010.
- A November 29, 2010 appointment noted healing incisions, proper screw alignment, and plan for follow-up in six weeks; Hastie did not attend a third post-op appointment.
- Hastie did not obtain timely post-operative follow-up over the next 18 months due to issues surrounding the bill; Dr. Deibert testified that withholding care for nonpayment would be substandard and unenforced.
- Dr. Robinson later performed hardware removal in 2013; Hastie filed suit in 2012 alleging medical malpractice and CPA violations; the district court excluded an expert and granted partial summary judgment on CPA claims; Montana Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of Dr. Hahn as expert witness | Hastie argues Hahn should testify on standard of care | Deibert/Alpine contend Hahn is not a physician and thus unqualified | No abuse; Hahn unqualified as physician |
| CPA claims vs. professional negligence | Hastie contends CPA covers entrepreneurial acts by providers | CPA excludes professional negligence; claims fall outside CPA scope | Summary judgment affirmed; CPA claims exempt as professional negligence |
Key Cases Cited
- Brookins v. Mote, 2012 MT 283 (Mont.) (exempts professional negligence from CPA; only entrepreneurial acts actionable)
- Zimmerman v. Robertson, 259 Mont. 105, 854 P.2d 338 (Mont.) (informed consent issues part of professional negligence, not CPA)
- Williams v. Plum Creek Timber Co., 2011 MT 271, 362 Mont. 368, 264 P.3d 1090 (Mont.) (framework for material facts in CPA cases)
- McClue v. Safeco Ins. Co., 2015 MT 222, 380 Mont. 204, 354 P.3d 604 (Mont.) (standard for reviewing summary judgment; abuse of discretion for evidentiary rulings)
- Beighler v. E. Radiological Assocs., P.C., 2012 MT 260, 367 Mont. 21, 289 P.3d 131 (Mont.) (expert admissibility standards in Montana medical malpractice)