ND Supreme Court dismisses last hepatitis claim against Trinity Health
Sonia Canzater | Leave a Comment
In an unanimous decision, ND Supreme Court dismissed the last hepatitis claim against Trinity Health. Mark Krebsbach (the plaintiff) challenged whether the phlebotomist who allegedly infected his late wife with Hepatitis C was a “professional” and thus under a two-year medical malpractice statute of limitations.
ND Supreme Court agreed with the district court, and held that while the phlebotomist did not meet the definition of a “medical professional,” the phlebotomist was part of a professional continuum of care, and that falls under the statute of limitations. Additionally, regarding Krebsbach’s argument for fraud/deceit, the court concluded that Krebsbach failed to establish Trinity had a duty to disclose information about the phlebotomist or drug diversion.
Read the full article here.