§ 28-01-46 — Expert opinion required to maintain an action based upon alleged medical negligence except in obvious cases

negligence except in obvious cases.
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.