{"data":{"id":"us-nd/n.d.-cent.-code-28-01-46","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 28-01-46","heading":"Expert opinion required to maintain an action based upon alleged medical negligence except in obvious cases","body":"Any action for injury or death alleging professional negligence by a physician, nurse, hospital, or nursing, basic, or assisted living facility licensed by this state or by any other health care organization, including an ambulatory surgery center or group of physicians operating a clinic or outpatient care facility, must be dismissed without prejudice on motion unless the plaintiff serves upon the defendant an affidavit containing an admissible expert opinion to support a prima facie case of professional negligence within three months of the commencement of the action. The court may set a later date for serving the affidavit for good cause shown by the plaintiff if the plaintiff's request for an extension of time is made before the expiration of the three-month period following commencement of the action. The expert's affidavit must identify the name and business address of the expert, indicate the expert's field of expertise, and contain a brief summary of the basis for the expert's opinion. This section does not apply to unintentional failure to remove a foreign substance from within the body of a patient, or performance of a medical procedure upon the wrong patient, organ, limb, or other part of the patient's body, or other obvious occurrence.","path":["Title 28 Judicial Procedure, Civil","Chapter 28-01 Time For Commencing Actions"],"source_url":"https://ndlegis.gov/cencode/t28c01.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"4416b6f6729328a1af8240e9659d7eff7bb7c3384eaef84bfb3a8a16283d283e","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-28-01-45","next":"us-nd/n.d.-cent.-code-28-01-46.1"},"notice":"GroundRules: Original legal text. Not legal advice."}