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ELLEFSON v. EARNSHAW

Civ. No. 920214.

499 N.W.2d 112 (1993)

Joyce M. ELLEFSON, Plaintiff and Appellant, v. Peter H. EARNSHAW, M.D., Defendant and Appellee, and St. Joseph's Hospital of Minot, North Dakota, a Non-Profit Corporation, Defendant.

Supreme Court of North Dakota.

April 27, 1993.

Attorney(s) appearing for the Case

Dosch Law Office, Devils Lake, for plaintiff and appellant; argued by Michael J. Walker.

Zuger, Kirmis & Smith, Bismarck, for defendant and appellee; argued by Lance D. Schreiner.

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...

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