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Spokane, Washington  Est. May 19, 1883

Idaho Supreme Court Revives Malpractice Lawsuit

Associated Press

In a rare ruling, the Idaho Supreme Court has revived the medical malpractice lawsuit filed by a woman against a Boise doctor.

The court overturned on a 3-2 vote Wednesday summary judgment granted for Dr. Michael Hen best in a malpractice lawsuit filed by Sharon and Michael Kolln.

The woman contended she suffered a torn rotator cuff in her shoulder during neck surgery performed by Henbest in 1992. District Judge D. Duff McKee granted summary judgment to Hen best, the hospital and anesthesiologist.

McKee ruled that a sworn statement filed by an expert witness called by Kolln, Twin Falls neurosurgeon Dr. Edward L. Katz, was not sufficient to overcome the defendants’ request for summary judgment.

Justice Cathy Silak wrote part of the ruling, with the other justices concurring.

But Justice Byron Johnson wrote the key portion of the decision, supported by Chief Justice Linda Copple Trout and Justice Charles McDevitt.

Silak wrote a dissent to that part, joined by Justice Gerald Schroeder.

Katz’ last sworn statement “is not speculative or conclusory, sets forth specific facts to support his opinion and raises genuine issues of material fact that preclude summary judgment concerning the claim against Dr. Henbest,” the 3-2 majority decided.

The ruling does not decide the case. It only overturns summary judgment against the claim and allows further court proceedings. The decision did not change the ruling releasing the other defendants from the lawsuit.