Firkus v. Harms

Appellant Ann Firkus served her medical-malpractice complaint, and a little over a month later, respondent Dr. Dana Harms served his answer. Months passed. There were no additional pleadings, motions, or discovery. Approximately eight months after the complaint was served, Harms informed Firkus that the statutory 180-day period to file the necessary affidavit of expert identification had expired. The district court agreed and dismissed the case, rejecting Firkus's argument that the time period did not commence, or that even if it did, the failure to file the affidavit was excusable neglect.…