Ortega v. Sanford Bismarck

Citations

• 2019 ND 133

Syllabus

The purpose of the expert opinion affidavit requirement under N.D.C.C. § 28-01-46 is to screen totally unsupported claims and to prevent protracted litigation when a medical malpractice plaintiff cannot substantiate a basis for the claim. District courts should be cautious when granting summary judgment on propositions of law that were not advanced by the parties. This Court on appeal does not provide advisory opinions.