Leubner v. Sterner

SIMONETT, Justice.

We hold there is no such thing as a medical malpractice cause of action for “negligent aggravation of a preexisting condition,” and reverse the court of appeals.

Plaintiff-respondent Georgena Leubner, a 54-year-old woman, visited her family doctor, who confirmed two small lumps in the area of her left breast. A mammogram was negative. The family doctor referred plaintiff to defendant-appellant Dr. Ronald C. Jensen, who, a week later, on June 25, 1987, examined Ms. Leubner but chose not to order a biopsy at that time. Instead Dr. Jensen scheduled another appointment for…