In a medical malpractice and conspiracy action, a defendant physician moved for summary judgment and to strike claims under Rules 20, 21.01(3)(d), and 25.11.
The court held that the conspiracy allegations required the forensic machinery of a trial and declined to apply the best-foot-forward principle on this record.
On the malpractice claim, the court found the existing anesthesiologist report insufficient on the general practitioner standard of care but concluded a treating physician was not categorically disqualified from providing qualifying opinion evidence.
The motion was made conditional on service of a compliant report within 30 days, failing which the action against the moving physician would be dismissed with costs.
