Legal Opinion
Ellefson v. Earnshaw
North Dakota Supreme Court
Decided April 27, 1993No. Civ. 920214PublishedCited by 14 opinions
1Opinion of the Court
VANDE WALLE, Chief Justice.
Joyce Ellefson appealed from a district court judgment dismissing with prejudice her medical malpractice action against Dr. Peter Earnshaw, M.D., for failure to secure an expert witness as required under Section 28-01-46, N.D.C.C. We reverse and remand for further proceedings.
Between 1985 and 1989 Ellefson received treatment from Dr. Earnshaw for osteoarthritis of the knees. Ellefson agreed to have Dr. Earnshaw perform bilateral knee replacement surgery on her knees in July 1989. The surgery required Dr. Earnshaw to insert a reamer into the inner canals of…
2Cases cited3 opinions
- Fortier v. TraynorNorth Dakota Supreme Court · 1983
- Larsen v. ZarrettNorth Dakota Supreme Court · 1993
- Heimer v. PrivratskyNorth Dakota Supreme Court · 1989
3Cited by14 opinions
- Van Klootwyk v. Baptist Home, Inc.North Dakota Supreme Court · 2003
- Larson v. HetlandNorth Dakota Supreme Court · 1999
- Greenwood v. Paracelsus Health Care Corp. of North DakotaNorth Dakota Supreme Court · 2001
- Pierce v. AndersonNorth Dakota Supreme Court · 2018
- Weasel v. St. Alexius Medical CenterCourt of Appeals for the Eighth Circuit · 2000
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