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03.18.20

ND Supreme Court dismisses last hepatitis claim against Trinity Health

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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.

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