Mark Heath v. Tait D. Olaveson, D.O

Summary

The court affirmed summary judgment for the defendant in a medical malpractice action because the plaintiff’s out-of-area expert did not establish the foundation required to testify about the applicable community standard of care. The expert’s affidavits did not show that the local physician consulted had actual knowledge of the Idaho Falls standard or establish that Idaho Falls and Pocatello were overlapping medical communities. The court also affirmed the costs award and denied the plaintiff’s request for attorney fees on appeal.