Medical Malpractice – Expert Identification

cassiejohnson//January 16, 2015//

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Appellant challenged the dismissal of her medical-malpractice action for failure to comply with the expert-identification requirements of Minn. Stat. sec. 145.682, arguing that (1) the District Court abused its discretion when it ruled that appellant failed to comply with the expert affidavit requirements and (2) the District Court abused its discretion when it dismissed appellant’s claim in its entirety. The Court of Appeals concluded that expert testimony was required to fill in the causal gap between fracture and amputation. It held that, because it was undisputed that appellant failed to file an Affidavit of Expert Review, the District Court’s decision to grant the dismissal was correct. Affirmed.

A14-0381 Davidson v. North Mem’l Health Care (Hennepin County)

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