Supreme Court says tribal member can sue Polson doctor, clinic

2010-02-22T15:04:00Z Supreme Court says tribal member can sue Polson doctor, clinicThe Associated Press The Associated Press
February 22, 2010 3:04 pm  • 

HELENA - The Montana Supreme Court says a state District Court has jurisdiction to hear a medical malpractice lawsuit filed by the widow of a member of the Salish and Kootenai Tribes against a physician and a Polson clinic.

The ruling overturns a decision by District Judge Ted Lympus that dismissed a lawsuit Diane Morigeau filed against David Gorman, M.D., and the Polson Family Medical Clinic over the February 2003 death of her husband, Ben Morigeau.

In a ruling last year, Lympus agreed with Gorman and the clinic, who argued the case should have been filed in tribal court because it involved a tribal member and the medical care in question occurred in Polson, which is on the Flathead Indian Reservation.

In a 7-0 ruling Friday, the Supreme Court said it has repeatedly affirmed the right of Indian plaintiffs to sue non-Indians in state court.

 

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

No Comments Posted.

Missoulian Civil Dialogue Policy

Civil Dialogue Policy for Commenting on Missoulian.com

We provide this community forum for readers to exchange ideas and opinions on the news of the day. Passionate views, pointed criticism and critical thinking are welcome. Comments can only be submitted by registered users. By posting comments on our site, you are agreeing to the following terms:

Commentary and photos submitted to the Missoulian (Missoulian.com) may be published or distributed in print, electronically or other forms. Opinions expressed in Missoulian.com's comments reflect the opinions of the author, and are not necessarily the opinions of the Missoulian or its parent company. See the Terms of Service and Privacy Policy for more information.

Our guidelines prohibit the solicitation of products or services, the impersonation of another site user, threatening or harassing postings and the use of vulgar, abusive, obscene or sexually oriented language, defamatory or illegal material. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification. It's fine to criticize ideas, but ad hominem attacks on other site users are prohibited. Users who violate those standards may lose their privileges on missoulian.com.

You may not post copyrighted material from another publication. (Link to it instead, using a headline or very brief excerpt.)

No short policy such as this can spell out all possible instances of material or behavior that we might deem to be a violation of our publishing standards, and we reserve the right to remove any material posted to the site.

Add Comment
You must Login to comment.

Click here to get an account it's free and quick