Montana

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Title	Summary
Zimmerman v. Robertson	Defendant-veterinarian was contracted to castrate plaintiff’s horse. Post-surgical care resulted in a fatal infection of the horse. The court found that, indeed, expert testimony is required in malpractice cases, as negligence cannot be inferred from the existence of a loss. The court disagreed with plaintiff that defendant’s own "admissions" in his testimony at trial provided sufficient evidence of deviation from the standard of care to withstand a directed verdict by defendant. As to plaintiff’s argument regarding a lack of informed consent, the court noted that a medical malpractice claim premised on a theory of lack of informed consent is a separate cause of action rather than an "element" in an otherwise specifically alleged claim of professional negligence.
Zimmerman v. Robertson	Plaintiff horse owner sought review of a judgment by the District Court of Yellowstone County, Thirteenth Judicial District (Montana), which entered a directed verdict in favor of defendant veterinarian on the owner's claims of professional negligence. On appeal, the court affirmed the trial court's decision, holding that the owner was required to prove the veterinarian's negligence by expert testimony, and that he failed to do so. In addition, the court The court found that the "defendant's admissions" exception to the expert testimony requirement did not apply because the veterinarian did not admit that he deviated from the standard of care.

Defendant-veterinarian was contracted to castrate plaintiff’s horse. Post-surgical care resulted in a fatal infection of the horse. The court found that, indeed, expert testimony is required in malpractice cases, as negligence cannot be inferred from the existence of a loss. The court disagreed with plaintiff that defendant’s own "admissions" in his testimony at trial provided sufficient evidence of deviation from the standard of care to withstand a directed verdict by defendant. As to plaintiff’s argument regarding a lack of informed consent, the court noted that a medical malpractice claim premised on a theory of lack of informed consent is a separate cause of action rather than an "element" in an otherwise specifically alleged claim of professional negligence.

Zimmerman v. Robertson

Plaintiff horse owner sought review of a judgment by the District Court of Yellowstone County, Thirteenth Judicial District (Montana), which entered a directed verdict in favor of defendant veterinarian on the owner's claims of professional negligence. On appeal, the court affirmed the trial court's decision, holding that the owner was required to prove the veterinarian's negligence by expert testimony, and that he failed to do so. In addition, the court The court found that the "defendant's admissions" exception to the expert testimony requirement did not apply because the veterinarian did not admit that he deviated from the standard of care.

Montana

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