Latest Case: Krebsbach, et al. v. Trinity Hospitals, Inc., et al. (Civil Procedure)

The Law Will Not Save Us

JOSEPH MARGULIES

Cornell law professor Joseph Margulies reminds us that the rule of law exists in the United States primarily to conceal politics; that is, one cannot rely on having “the law” on one’s side if politics are opposed. Margulies illustrates this point by replacing “the lawyers reviewed the law and decided” with “the high priests studied the entrails and decided”—a substitution that ultimately yields the same results.

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Krebsbach, et al. v. Trinity Hospitals, Inc., et al.

Citation: 2020 ND 24

Opinion Date: January 27, 2020

Judge: Daniel J. Crothers

Areas of Law: Civil Procedure, Medical Malpractice, Personal Injury

Mark Krebsbach appeals a district court judgment dismissing his lawsuit against Trinity Hospital relating to medical services provided to his wife. Krystal Krebsbach died in June 2016. In September 2013 she was diagnosed with hepatitis C while a patient at the ManorCare nursing home in Minot. Krystal’s diagnosis occurred during a hepatitis C outbreak in the Minot area. In September 2016 Krebsbach moved to intervene in a lawsuit with other plaintiffs against Trinity related to the hepatitis C outbreak. The district court granted Krebsbach’s motion in December 2016. Krebsbach’s complaint against Trinity alleged negligence, fraud, deceit and unlawful sales and advertising practices. Krebsbach claimed negligence and misconduct by Trinity’s staff and management caused Krystal Krebsbach’s hepatitis C. Krebsbach alleged Trinity engaged in actual fraud or deceit by misrepresenting the competency of its care providers and withholding information about its employees’ theft or misuse of drugs (known as drug diversion) and needle reuse. Krebsbach asserted Krystal Krebsbach relied on Trinity’s misrepresentations and allowed Trinity to provide her with phlebotomy services, which caused her to contract hepatitis C. The court dismissed Krebsbach’s action after a special master appointed by the court concluded the two-year statute of limitations for medical malpractice applied to Krebsbach’s action. The special master also concluded the action was barred because Krebsbach had notice of Trinity’s possible negligence more than two years before bringing his lawsuit. Krebsbach claimed the six-year statute of limitations under N.D.C.C. 28-01-16 applies to his negligence claims against Trinity. Before the North Dakota Supreme Court, Krebsbach argued the special master and district court erred in concluding he was on notice of Trinity’s possible negligence more than two years before commencing his action against Trinity. Finding no reversible error, the North Dakota Supreme Court affirmed dismissal.