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Johnson v. Montgomery8/28/2001
1 N.W.2d 259, 262-63 (Minn. App. 2001), review denied (Minn. Apr. 17, 2001). At a minimum, the affidavit
must disclose "specific details concerning their experts' expected testimony, including the applicable standard of care, the acts or omissions that plaintiffs allege violated the standard of care and an outline of the chain of causation" between the violation of the standard of care and the plaintiff's damages. Lindberg, 599 N.W.2d at 572 (quoting Sorenson v. St. Paul Ramsey Med. Ctr., 457 N.W.2d 188, 193 (Minn. 1990)).
In this case, the district court ruled that the affidavit failed to clearly set forth the acts or omissions that violated the standard of care. The district court noted that the affidavit appears to set forth the applicable standard of care as follows: "It is incumbent upon the surgeon to be familiar with a patient's past medical history and its relevance to the procedure planned." But the district court observed that nowhere does the affidavit disclose the acts or omissions that violate this standard of care. Rather, the affidavit ignores the undisputed facts that prior to surgery Dr. Montgomery ordered and reviewed the pre-operative physical and history.
Our review of the affidavit reveals no error in the district court's analysis. The affidavit states that Dr. Montgomery did not properly evaluate Johnson prior to surgery and that a proper evaluation would have included an investigation into Johnson's medical history. The affidavit further states that a proper pre-operative evaluation would have disclosed that the risks in performing the procedure may have outweighed the benefits Johnson stood to gain from the procedure. But there was a pre-operative physical and history performed, which was evaluated by Dr. Montgomery prior to surgery. The affidavit is devoid of any specific acts or omissions that violated the given standard of care. The district court did not abuse its discretion in dismissing this action pursuant to Minn. Stat. ยง 145.682.
Affirmed.
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