Jaskoviak v. Gruver, et al.
Docket No. 20010065
Oral Argument:
Tuesday, September 18, 2001 10:45am
Docket Info
- Title
- Steven Jaskoviak, Plaintiff and Appellant
v.
Daniel Gruver, M.D., Defendant and Appellee
and
Medcenter One
Health Systems, Defendant - Case Type
- CIVIL APPEAL : MALPRACTICE
- Appeal From
-
Case No. 99-C-01029
South Central Judicial District, Burleigh County
Bruce B. Haskell
2002 ND 1638 N.W.2d 1
Oral Argument
9/18/2001
Highlight
Evidence submitted with a motion for reconsideration after summary judgment has been granted is untimely.
Generally, an integral part of the physician's overall obligation to the patient is the duty of reasonable disclosure of the available choices with respect to the proposed therapy and of the material and known risks potentially involved in each.
In an informed consent case, expert testimony is generally necessary to identify the risks of treatment, their gravity, likelihood of occurrence, and reasonable alternatives.
Counsel
| Party | Type | Name |
|---|---|---|
| APPELLANT | PRIVATE PRACTICE | Robert V Bolinske - 03266 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 03/14/2001 | NOTICE OF APPEAL : 03/12/2001 | |
| 2 | 03/14/2001 | ANNOUNCED DISQUALIFICATION : Kapsner, Carol Ronning | |
| 3 | 04/16/2001 | RECORD ON APPEAL, not received with the record was No. 16 (Brief and Affidavit of Robert Bolinske | |
| 4 | 04/16/2001 | for an Extension of Time to Respond to Defendant Medcenter One Health System's Motion to Dismiss | |
| 5 | 04/23/2001 | MOT. EXT/TIME APPELLANT BRIEF W/BRIEF IN SUPPORT | |
| 6 | 04/23/2001 | ACTION BY CLERK (MAT) (counsel advised OA will likely be scheduled in Sept. or Oct.) - Granted : 05/16/2001 | |
| 7 | 05/15/2001 | APPELLANT BRIEF | View |
| 8 | 05/15/2001 | APPELLANT APPENDIX | |
| 9 | 05/21/2001 | DISK - ATB | |
| 10 | 06/14/2001 | APPELLEE BRIEF | View |
| 11 | 06/14/2001 | APPELLEE APPENDIX | |
| 12 | 06/13/2001 | STIPULATION FOR DISMISSAL OF MEDCENTER ONE HEALTH SYSTEMS | |
| 13 | 06/19/2001 | ACTION BY CLERK (Dismissal of MedCenter One Health Systems) - Granted | |
| 14 | 06/19/2001 | Order of Dismissal of MedCenter One Health Systems Mailed to Parties | |
| 15 | 06/21/2001 | Corrected p.ii of TOA & p.10 of AEB | |
| 16 | 06/21/2001 | DISK - aeb | |
| 17 | 07/02/2001 | Combined Notice of Motion, Motion, & Brief In Support of Motion for Ext/Time/File RYB | |
| 18 | 07/02/2001 | ACTION BY CLERK - Granted : 07/17/2001 | |
| 19 | 07/17/2001 | REPLY BRIEF | View |
| 20 | 07/17/2001 | DISK of RYB | |
| 21 | 08/10/2001 | SITTING WITH THE COURT : McLees, William W. | |
| 22 | 09/14/2001 | Request for Radio/TV Coverage - AP (e-mail from Jack McDonald dated 9-14-01) (APPROVED) | |
| 23 | 09/18/2001 | APPEARANCES: submitted on brief for AT; Robert J. Udland | |
| 24 | 09/18/2001 | ARGUED: Udland (Vol X; Page 157) | |
| 25 | 09/18/2001 | ORAL ARGUMENT WEBCAST | |
| 26 | 01/03/2002 | DISPOSITION | |
| 27 | 01/03/2002 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 28 | 01/03/2002 | Costs on appeal taxed in favor of appellant | |
| 29 | 01/07/2002 | Order/Judgment Mailed to Parties | |
| 30 | 01/25/2002 | MANDATE | |
| 31 | 01/30/2002 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 32 | 08/09/2007 | EXPUNGED - Nonpermanent record items destroyed |