LEUBNER v. STERNER

No. C5-91-2239.

493 N.W.2d 119 (1992)

Georgena LEUBNER, et al., Respondents, v. Barbara J. STERNER, M.D., et al., Defendants, Ronald C. Jensen, M.D., et al., petitioners, Appellants.

Supreme Court of Minnesota.

December 18, 1992.


Attorney(s) appearing for the Case

Kay Nord Hunt, Phillip A. Cole, Lommen, Nelson, Cole & Stageberg, P.A., Minneapolis, for appellants.

Judy Emmings, John W. Carey, Sieben, Grose, Von Holtum, McCoy & Carey, Ltd., Fairfax, for respondents.

Mary Prentnieks, Suzanne Veenhuis, Minnesota Medical Ass'n, Minneapolis, for amicus curiae MN Medical Assoc.

Heard, considered, and decided by the court en banc.


SIMONETT, Justice.

We hold there is no such thing as a medical malpractice cause of action for "negligent aggravation of a preexisting condition," and reverse the court of appeals.

Plaintiff-respondent Georgena Leubner, a 54-year-old woman, visited her family doctor, who confirmed two small lumps in the area of her left breast. A mammogram was negative. The family doctor referred plaintiff to defendant-appellant Dr. Ronald C. Jensen, who, a week later, on...

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