Nelson v. State of Montana

2008 MT 336, 195 P.3d 293, 346 Mont. 206, 2008 Mont. LEXIS 566
CourtMontana Supreme Court
DecidedOctober 6, 2008
Docket05-694
StatusPublished
Cited by16 cases

This text of 2008 MT 336 (Nelson v. State of Montana) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nelson v. State of Montana, 2008 MT 336, 195 P.3d 293, 346 Mont. 206, 2008 Mont. LEXIS 566 (Mo. 2008).

Opinions

CHIEF JUSTICE GRAY

delivered the Opinion of the Court.

¶1 Doris Nelson (Doris) appeals from the order of the Twelfth Judicial District Court, Liberty County, granting summary judgment to the State of Montana (State) and denying her motion for partial summary judgment. We reverse in part, but ultimately affirm.

¶2 We address two dispositive issues:

¶3 1. Is the Board of Medical Examiners entitled to quasi-judicial immunity for its actions in granting a medical license to a physician who was subject to disciplinary action for unprofessional conduct in other states?

¶4 2. Did the State owe a duty of care to Emil J. Nelson?

[208]*208BACKGROUND

¶5 In October of 1995, Dr. Thomas Stephenson (Stephenson) applied for a medical license to the Board of Medical Examiners (Board), which at the time was overseen by the Montana Department of Commerce. After 20 years of practice as a cosmetic surgeon in California, Stephenson sought to practice general medicine in Montana. Stephenson’s application showed he graduated from medical school in 1962, and had obtained medical licenses in California and Florida. Materials submitted with the application disclosed that in 1994, Stephenson’s California medical license had been revoked, but that the revocation was stayed pending Stephenson’s successful completion of 10 years probation with conditions, including 120 days suspension and a ban against practicing cosmetic surgery during probation. The disciplinary action resulted from Stephenson’s unprofessional conduct in violation of the California Business and Professions Code. His application stated he violated Business and Professions Code § 651, false claims in advertising; § 810, fraudulent insurance claims; § 2234(a), treatment of patients; § 2234(b), gross negligence in treating patients; § 2234(c), repeated negligence in treating patients; § 2234(e), dishonesty and corruption in treatment of patients; § 2234(f), engaging in conduct which would have warranted the denial of a license because of his treatment of patients; and § 2261, signing medical documents containing false facts. With regard to the California revocation, Stephenson’s application materials also revealed alcohol abuse and Demerol addiction, 11 malpractice suits, bankruptcy, and a history of poor and illegible medical records. In addition, his Florida license was suspended for failure to notify the Florida medical board of the actions taken against his license in California. The application also indicated Stephenson had taken a recent medical refresher course in Pennsylvania.

¶6 The Board requested additional information and determined Stephenson should appear before it for a personal interview. During the interview, the Board questioned him about the disciplinary action in California and his plans for practice in Montana. As a result of that meeting, the Board tabled the application and requested more information from the Fort Belknap Indian Health Hospital in Montana, where Stephenson had worked for several months. At some point during the process, the Board contacted Stephenson’s California probation officer with regard to the reported Demerol addiction. The probation officer apparently stated she was new and not aware of a Demerol problem. The record reflects no further inquiry about [209]*209Demerol. The Board contacted three doctors Stephenson listed as references, but did not contact persons involved with the California medical board decisions, the malpractice suits, or the physicians involved in his refresher course in Pennsylvania.

¶7 The Board held a second personal interview with Stephenson in July of 1996, during which it voted to issue Stephenson a temporary license for one year based on several conditions. The Board informed Stephenson that if he did not accept the conditions, it would give him notice of a proposed denial of a license and the opportunity to contest the denial in a formal hearing. Stephenson accepted the conditions, and the Board issued Stephenson a temporary license. Upon Stephenson’s request, the Board modified various conditions of the temporary license in May and July of 1997.

¶8 The Board extended Stephenson’s temporary license subj ect to the imposed conditions in November of 1997 and again in March of 1998, to allow time to complete a peer review prior to addressing whether to grant Stephenson a permanent license. In January of 1999, the Board granted Stephenson a full, unrestricted, permanent license to practice medicine in Montana.

¶9 In November of 1999, Stephenson conducted a routine physical examination of Emil J. Nelson (Jack). Upon examining Jack’s abdomen, Stephenson noted Jack possibly had an abdominal aneurysm. He stated in the medical chart that Jack would present the following week for an x-ray. Jack experienced an abdominal aneurysm rupture six days later, however, and died as a result.

¶10 Doris filed a complaint against the State as personal representative of Jack’s estate, individually as Jack’s widow, and on behalf of Jack’s heirs. She alleged that the State negligently and in violation of statute granted and renewed a temporary medical license to Stephenson, and then negligently and in violation of statute granted a full, unrestricted physician’s license to Stephenson, when he had been subject to discipline for unprofessional conduct in other states. The complaint, filed in the First Judicial District Court, Lewis and Clark County, also named Stephenson; Liberty County; the Liberty County Hospital; Triangle Health Care; Triangle Health Care, PLLP; and Dr. Richard Buker. The State moved to dismiss, arguing the Board was entitled to quasi-judicial immunity. The First Judicial District Court, Lewis and Clark County, denied the motion to dismiss, determining the Board’s decisions were not protected by quasi-judicial immunity because they were not made during the adjudication of a dispute or controversy. Several of the other defendants requested a [210]*210change of venue to the Twelfth Judicial District Court, Liberty County, which the court granted.

¶11 The State subsequently moved for summary judgment, arguing it was entitled to quasi-judicial immunity for the Board’s actions or, alternatively, that the State owed no duty of care to Jack. Doris responded and moved for partial summary judgment, arguing that the State was not entitled to quasi-judicial immunity and that it owed a duty of care to Jack in licensing Stephenson. The District Court issued an order granting the State’s motion-and denying Doris’s motion-on the issue of quasi-judicial immunity. Doris appeals.

STANDARD OF REVIEW

¶12 Summary judgment should be granted only when no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. Prindel v. Ravalli County, 2006 MT 62, ¶ 19, 331 Mont. 338, ¶ 19, 133 P.3d 165, ¶ 19. Here, the parties agreed in the District Court that no genuine issues of material fact existed regarding the issues presented in their summary judgment motions.

¶13 We review a district court’s grant of summary judgment de novo, based on the same M. R. Civ. P. 56 criteria as the district court. We determine whether the district court applied the law correctly. Germann v. Stephens, 2006 MT 130, ¶ 21, 332 Mont. 303, ¶ 21, 137 P.3d 545, ¶ 21 (citations omitted).

DISCUSSION

¶14 1.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McClammy v. Halloran
D. Montana, 2019
Bassett v. Lamantia
2018 MT 119 (Montana Supreme Court, 2018)
Kent v. City of Columbia Falls
2015 MT 139 (Montana Supreme Court, 2015)
Cope v. Utah Valley State College
2014 UT 53 (Utah Supreme Court, 2014)
Weaver v. State
2013 MT 247 (Montana Supreme Court, 2013)
Gatlin-Johnson Ex Rel. Gatlin-Johnson v. City of Miles City
2012 MT 302 (Montana Supreme Court, 2012)
Donaldson v. State
2012 MT 288 (Montana Supreme Court, 2012)
Donaldson v. State of Montana
2012 MT 288 (Montana Supreme Court, 2012)
Seipel v. Moore
2012 MT 4N (Montana Supreme Court, 2012)
Gonzales v. City of Bozeman
2009 MT 277 (Montana Supreme Court, 2009)
Nelson v. State of Montana
2008 MT 336 (Montana Supreme Court, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
2008 MT 336, 195 P.3d 293, 346 Mont. 206, 2008 Mont. LEXIS 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-state-of-montana-mont-2008.