Moss v. Bjornson

BISTLINE, Justice.

This is an appeal from an order of the district court denying defendants’ motion to dismiss. This Court granted defendants’ motion for an interlocutory appeal. The sole question presented is whether the dismissal of a court action is mandated where a medical malpractice complaint is filed pri- or to plaintiff’s request for a prelitigation screening panel. We hold that it does not and therefore affirm the district court.

Plaintiff Moss was undergoing surgery to replace a broken prothesis on October 4, 1984, which surgery was aborted and not completed until October 8, 1984.…