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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.


Briefs

Filing Date Description
05/15/2001 APPELLANT BRIEF View
06/14/2001 APPELLEE BRIEF View
07/17/2001 REPLY BRIEF View

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