McMahon v. Sanford

Citations

• 2025 ND 184

Syllabus

A professional negligence action against a physician, nurse, or hospital generally requires an expert affidavit. Generally, decisions to provide medication, refuse to provide medication, or discharge a patient are medical decisions requiring the expertise of medical professionals. In an \obvious occurrence\ case, expert testimony is unnecessary if a layperson can find negligence without the benefit of an expert opinion. Determining whether to discharge a patient or provide pain medication requires medical expertise beyond the common understanding of a layperson. The tort of intentional infliction of emotional distress requires (1) extreme and outrageous conduct that is (2) intentional or reckless and that causes (3) severe emotional distress. The district court must first determine if, as a matter of law, the defendant's conduct is sufficiently extreme and outrageous to permit recovery. This standard is strenuously high and requires conduct beyond all possible bounds of decency. The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.