Montana Supreme Court December 11, 1997, 96-408 (Blackburn v. Blue Mountain Women's Clinic)

JUSTICE NELSON

concurs in part and dissents in part.

I concur with the analysis and in everything stated in the Court’s opinion except as to that part of the discussion of Issue 1 wherein we hold that in order to toll the five-year statute of repose, the failure to disclose must be an act separate from the alleged act of malpractice upon which the claim for professional negligence is based.