Legal Opinion

Boedecker v. St. Alexius Hospital

North Dakota Supreme Court

Decided October 30, 1980No. Civ. 9767PublishedCited by 13 opinions

1Opinion of the Court

PEDERSON, Acting Chief Justice.

Claiming that St. Alexius Hospital and Dr. Kennedy were negligent in the diagnosis, care, and treatment of his ailment, Boe-decker applied ex parte to the district court for the establishment of a medical review panel (Chapter 32-29.1, NDCC). The district court, apparently without being urged by anyone, issued an order dismissing the application “because . .. Chapter 32-29.1 ... is unconstitutional.”

PROCEDURAL POSTURE

This appeal was taken by Boedecker from the “decision of the district court.” Our first inquiry involves the appealability of the “decision” or…

2Cases cited6 opinions

  1. City of Bismarck v. MateriNorth Dakota Supreme Court · 1970
  2. State v. HansonNorth Dakota Supreme Court · 1977
  3. Reub's Minot Camera, Inc. v. General Electric Credit Corp.North Dakota Supreme Court · 1972
  4. Peoples State Bank of Velva v. State Bank of TownerNorth Dakota Supreme Court · 1977
  5. State Ex Rel. Olsness v. McCarthyNorth Dakota Supreme Court · 1926

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Municipal Services Corp. v. KuslerNorth Dakota Supreme Court · 1992
  2. State Ex Rel. Spaeth v. MeiersNorth Dakota Supreme Court · 1987
  3. State v. DeutscherNorth Dakota Supreme Court · 2009
  4. Bergman v. BergmanNorth Dakota Supreme Court · 1992
  5. Ness v. St. Aloisius HospitalNorth Dakota Supreme Court · 1981

8 more not listed; retrieve them via the Exa API.

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