Kostrzewski v. Krishnanaik12/5/2000
Petition for review withdrawn/dismissed January 26, 2001.
RHONDA KOSTRZEWSKI,
APPELLANT,
v.
DHANALAL KRISHNANAIK, M.D.,
RESPONDENT,
NORTH VALLEY HEALTH CENTER,
RESPONDENT,
ERIC JOHNSON, M.D.,
RESPONDENT.
Carlton County District Court File No. C699848
Shirley A. Dvorak, Moosbrugger, Dvorak & Carter, P.L.L.P., 311 South Fourth Street, Suite 101, Grand Forks, ND 58201 (for appellant) Wayne M. Carlson, Vogel, Weir, Hunke & McCormick, Ltd., 502 First Avenue North, P.O. Box 1389, Fargo, ND 58107-1389 (for respondent Dhanalal Krishnanaik) Jack G. Marcil, Timothy G. Richard, Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Ten Roberts Street, P.O. Box 6017, Fargo, ND 58108 (for respondent North Valley Health Center) Randall S. Hanson, Patrick J. Maddock, Camrud, Maddock, Olson & Larson, Ltd., 401 DeMers Avenue, Suite 500, P.O. Box 5849, Grand Forks, ND 58206 (for respondent Eric Johnson)
Considered and decided by Stoneburner, Presiding Judge, Foley, Judge, and Mulally, Judge. Retired judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI, § 10.
The opinion of the court was delivered by: Mulally, Judge
Affirmed
Mulally, Judge* *Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI, § 10.
UNPUBLISHED OPINION
Appellant challenges the district court's dismissal of her medical malpractice action contending that the two-year statute of limitations under Minn. Stat. §á541.07 did not begin to run until her permanent injury manifested itself. Furthermore, appellant argues that the legislature intended that the four-year statute of limitations under Minn. Stat. § 541.076 be applied retroactively. Next, appellant contends that she should be able to maintain her cause of action against the medical center even if the allegedly negligent doctor was not served within the applicable statute of limitations. Finally, appellant argues that the district court improperly dismissed her claims against a North Dakota physician for lack of personal jurisdiction. We affirm.
FACTS
When appellant Rhonda Kostrzewski lacerated the little finger of her right hand on a piece of glass on July 10, 1997, she went to the emergency room of respondent North Valley Health Center (North Valley) located in Warren, Minnesota and was treated by respondent Dr. Dhanalal Krishnanaik. She was treated again by Dr. Krishnanaik on July 11, 1997, and returned on July 15, 1997, to have the dressing on her wound changed by him. Dr. Krishnanaik advised her to return on July 18, 1997, to have her sutures removed. However, Kostrzewski, on the advice of her HMO, instead went to the Altru Clinic in Grand Forks, North Dakota, and had the sutures removed. Her hand was placed in a splint by respondent Dr. Eric Johnson. Dr. Krishnanaik had no further contact with Kostrzewski except for a telephone call which he made on July 24, 1997, inquiring about her failure to appear for removal of the sutures.
On August 24, 1997, Kostrzewski telephoned Dr. Johnson complaining of stiffness in her finger and requesting a referral to an orthopedic specialist. Kostrzewski was seen by Dr. Johnson on September 10, 1997, at which time he referred her to another physician. Kostrzewski has permanently lost mobility in her little finger due to an untreated tendon injury .
Kostrzewski's first complaint, filed in federal court, was dismiss
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