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The Montana Supreme Court has held that a physician who testifies that another physician breached the standard of care does not have to satisfy the Daubert test for a scientific expert. Gilkey v. Schweitzer, No. 98-646 (Mont. Aug. 10). The plaintiff had sued an anesthesiologists for not providing enough information for the plaintiff's informed consent; the expert physician was brought in to testify as to the amount of information an anesthesiologists must give a patient to enable a patient to make an informed decision. The court ruled that the Daubert requirements apply only to "novel scientific evidence," not to the specialized knowledge of a medical professional", and thus allowed the physician's expert testimony.
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