In Nelson v. State of Montana, No. 05-694, the Montana Supreme Court fractured over the liability of the Montana Board of Medical Examiners for negligent licensing of Dr. Thomas Stephenson, but the majority excused the board from culpability. In November of 1999, Dr. Stephenson conducted a routine physical examination of Emil J.(Jack) Nelson. He noted that Jack possibly had an abdominal aneurysm. He stated in the chart that Jack would return the following week for an X-ray. Jack’s aneurysm ruptured several days later and Jack died. Mrs. Nelson brought this claim against the Board of Medical Examiners for negligent licensing of Dr. Stephenson.
Dr. Stephenson had some problems. As described in dissent by Justice Nelson (presumably no relation to Jack),
