Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Quigley v. Kemp

Supreme Court of Idaho

May 11, 2017

JAYMIE QUIGLEY, an individual, and PAXTON QUIGLEY, an individual, Plaintiffs-Respondents,
v.
TRAVIS KEMP, an individual, Defendant-Appellant, and SAINT ALPHONSUS REGIONAL MEDICAL CENTER, Inc., an Idaho corporation, and CHRISTOPHER TOBE, an individual, Defendants.

         2017 Opinion No. 44

         Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Hon. Richard Greenwood, District Judge.

         The order of the district court is vacated, and the case is remanded.

          Duke Scanlan & Hall, PLLC, Boise, for appellants. Keely E. Duke argued.

          Fisher Rainey Hudson, Boise, for respondents. Rebecca A. Rainey argued.

          BRODY, Justice.

         This case involves a thorny discovery dispute in a medical malpractice case. The issue to be decided is whether a plaintiff must disclose the identity of a non-testifying medical expert who has been consulted by a testifying expert to familiarize the testifying expert with the applicable local standard of care. This issue has been addressed by district courts, but this Court has never ruled on it. The district court held that Rule 26(b)(4)(B) of the Idaho Rules of Civil Procedure shielded the Quigleys from disclosing the identity of the non-testifying medical expert. Defendant Dr. Travis Kemp was granted a permissive, interlocutory appeal to resolve this issue.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         Plaintiffs Jaymie and Paxton Quigley brought this medical malpractice action against Dr. Travis Kemp, a board-certified orthopedic surgeon, Dr. Christopher Tobe, a board-certified emergency medicine physician, and Saint Alphonsus Regional Medical Center ("SARMC"). Dr. Kemp performed surgery on Mrs. Quigley's right ankle and placed a temporary splint over her right foot. Following surgery, Mrs. Quigley suffered several acute pain episodes. Allegedly, SARMC's nursing staff expressed reservations about Mrs. Quigley being discharged with uncontrolled pain, but told Mrs. Quigley that Dr. Kemp would not keep her any longer in the hospital. Mrs. Quigley was discharged.

         Several hours after being discharged, Mrs. Quigley went back to the SARMC emergency room because of severe pain. Dr. Tobe examined her and admitted her to the hospital. Once admitted, a nurse cut the splint away from Mrs. Quigley's foot, providing Mrs. Quigley with immediate relief. Dr. Kemp examined Mrs. Quigley and noted that the pressure from the postoperative splint caused permanent damage to her foot that would require future treatment. The Quigleys later brought this malpractice action.

         Shortly after receiving the complaint, Dr. Kemp sent the Quigleys the following interrogatory requesting the identity of any medical providers who were called to familiarize an expert witness with the local standard of care:

INTERROGATORY NO.5: Do you intend to call any person as an expert witness at trial? If so, with regard to each such person, state:
(a) the name, address, telephone number, employer and job title or ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.