Chizmadia v. Smiley's Point Clinic

BEAM, Circuit Judge.

Douglas Chizmadia appeals from the district court’s order granting the appellees’ motions for summary judgment. The motions were granted on the basis of Chizma-dia’s noncompliance with a Minnesota statute which requires an affidavit certifying expert review of a medical malpractice claim. We reverse and remand for further proceedings.

I. FACTS

In October 1984, Chizmadia, a New York resident attending college in Minnesota, consulted doctors at Smiley’s Point Clinic in Minnesota concerning problems with his right eye. Over the course of the next two months, Chizmadia was…