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Butler v. Domin12/7/2000
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John S. Henson, Judge presiding.
Submitted on Briefs: March 2, 2000
Justice Jim Regnier
David Butler appeals from the Opinion and Order entered by the Fourth Judicial District Court, Missoula County, granting summary judgment in favor of the Defendants. We affirm in part, reverse in part, and remand.
Butler's appeal raises the following issues:
. Whether the District Court erred when it excluded expert testimony on the basis that it did not meet the standard of admissibility?
. Whether the District Court erred when it granted summary judgment in favor of Drs. Ehrlich and Domin?
. Whether the District Court erred when it concluded that the doctrine of res ipsa loquitur was not applicable?
. Whether the District Court erred when it granted summary judgment in favor of St. Patrick Hospital?
BACKGROUND
David Butler was examined by Dr. Pat Frankl on November 4, 1992, for severe low back pain. Dr. Frankl referred Butler to Dr. Douglas Woolley in Missoula, Montana, for a same-day appointment due to the suddenness and severity of the pain. Based upon the findings of his examination, Dr. Woolley ordered an injection of a local anesthetic and steroid medication into the epidural space of Butler's spine, near the symptomatic area, to be performed at St. Patrick Hospital. On November 5, 1992, Butler reported to St. Patrick Hospital. Dr. Donald Ehrlich, an anesthesiologist, administered an injection in Butler's back at the L4-5 epidural space. On November 30, 1992, Butler was admitted to St. Patrick Hospital for a second epidural steroid injection. Dr. David J. Domin, also an anesthesiologist, administered this injection at Butler's L3-4 epidural space.
A biopsy of the disc space performed in February 1993 revealed the presence of Propionibacterium acnes (hereinafter "P. acnes"). Dr. Woolley referred Butler to Dr. L. F. Whitney, an infectious disease specialist. Following an examination and review of Butler's records and test results, Dr. Whitney diagnosed Butler as suffering from probable diskitis, an infection of the disc at the L5-S1 disc space, and osteomyelitis, an infection of the adjacent the L5 vertebral body.
On October 3, 1996, Butler filed a medical malpractice action against Dr. Ehrlich, Dr. Domin, and St. Patrick Hospital alleging that each of the Defendants was negligent in breaching the standard of care and causing his infection by failing to provide a sterile field prior to performing the epidural steroid injections. After a period of discovery conducted by the parties, each of the Defendants filed motions for summary judgment. Following a hearing on the motions, the District Court issued an Opinion and Order awarding summary judgment in favor of the Defendants. Butler appeals.
ISSUE ONE
Whether the District Court erred when it excluded expert testimony on the basis that it did not meet the standard of admissibility?
The District Court concluded that the testimony of Butler's medical expert, Dr. Paul Blaylock, did not meet the necessary standard of admissibility because "while Dr. Blaylock opined that the epidural injections were more likely to have caused the infection than a blood-borne cause, he was unable to say that one epidural injection was more likely than not to have caused Plaintiff's infection."
Butler contends that Dr. Blaylock testified that the epidural injection performed by Dr. Ehrlich more likely than not caused his infection. Drs. Domin and Ehrlich co
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