The defendant physician brought a motion to strike a medical malpractice statement of claim for failure to plead material facts under Rules 21.01, 25.06, and 25.11 of the Rules of Civil Procedure.
The pleading contained generalized boiler‑plate allegations of negligence relating to prenatal care and delivery but failed to specify what diagnostic steps, treatments, or decisions constituted the alleged malpractice.
Despite a demand for particulars, production of medical records, and an examination of the defendant on the motion, the plaintiffs maintained that they had no additional particulars to provide.
The court held that pleadings must contain sufficient material facts to permit a defendant to know the case to meet and cannot consist solely of unsupported conclusions.
Because the plaintiffs declined to amend and could provide no further particulars, the statement of claim was struck without leave to amend.
