[Go to Docket] | Filed Apr. 13, 1995 |
Ruth Marie Dohman Plaintiff and Appellant
v.
Dr. David Antonenko Defendant and Appellee
Civil No. 940359
Appeal from the District Court for Grand Forks County, Northeast Central Judicial District, the Honorable Joel D. Medd, Judge.
AFFIRMED.
Per Curiam.
Ruth Marie Dohman, pro se, 1015 1/2 8th Avenue Northwest, East Grand Forks, Minn. 56721; plaintiff and appellant.
Richard H. McGee II of McGee, Hankla, Backes & Wheeler, P.O. Box 998, Minot, N.D. 58702-0998; for defendant and appellee.
Dohman v. Antonenko
Per Curiam.
Ruth M. Dohman appeals a judgment dismissing her medical malpractice action. The trial court dismissed under N.D.C.C. 28-01-46. Dohman argues an expert opinion is not necessary in this case because her doctor's failure to discover the cause of her medical problem is obvious malpractice.
The mere fact a physician failed to correctly diagnose is not alone sufficient to warrant a finding of negligence. Winkjer v. Herr, 277 N.W.2d 579, 586 (N.D. 1979). Dohman failed to introduce evidence the standard of care was violated.
We affirm under Rule 35.1 (a)(6) and (7), N.D.R.App.P.
Gerald W. VandeWalle, C. J.
Dale V. Sandstrom
William A. Neumann
Beryl J. Levine
Herbert L. Meschke