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LONG v. JASZCZAK

Nos. 20040088, 20040089.

688 N.W.2d 173 (2004)

2004 ND 194

David (D.K.) LONG, Plaintiff, Appellant and Cross-Appellee v. L.J. JASZCZAK, M.D., Defendant, Appellee and Cross-Appellant. David (D.K.) Long, Plaintiff, Appellant and Cross-Appellee v. Mercy Medical Center, Joseph E. Adducci, Defendants, Appellees and Cross-Appellants and William E. Code, Defendant.

Supreme Court of North Dakota.

October 18, 2004.

Attorney(s) appearing for the Case

B. Timothy Durick (argued) of Pearce & Durick, Bismarck, N.D., for plaintiff, appellant, and cross-appellee.

John C. Kapsner (argued) of Vogel Law Firm, Bismarck, N.D., for defendants, appellees, and cross-appellants L.J. Jaszczak, M.D., and Mercy Medical Center.

Jack G. Marcil (argued) and Joseph A. Wetch, Jr., of Serkland Law Firm, Fargo, N.D., for defendant, appellee, and cross-appellant Joseph E. Adducci, M.D.

NEUMANN, Justice.

[¶ 1] David Long appeals from the district court's summary judgment dismissing his wrongful death action, arising out of complications from a medical procedure performed on his wife, Jane Long. Dr. Adducci, Dr. Jaszczak, and Mercy Medical Center cross-appeal. We reverse and remand the dismissal of Dr. Adducci because he owed a legal duty to obtain Jane Long's informed consent and because the issues of materiality of risk and causation are questions...

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