Dohman v. Antonenko Civil No. 940359

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