Legal Outline
Elements of a medical malpractice claim
There are generally four elements that need to be proven to succeed in a medical malpractice claim. First, the plaintiff must demonstrate the accepted and recognized standard of care that applies to the healthcare provider’s conduct. There isn’t generally a manual or guidebook that says what a doctor is supposed to do under specific circumstances. […]
Learn MoreDuty analysis
Like any lawsuit based on negligence, “the existence of a duty running from the defendant to the plaintiff is a prerequisite to a finding of malpractice liability.” Warren v. Dinter, 926 N.W.2d 370 (Minn. 2019) quoting Molloy v. Meier, 679 N.W.2d 711, 717 (Minn. 2004). When there is a physician-patient relationship, a duty of due […]
Learn MoreMinnesota’s hip-pocket service
In Minnesota, litigation is generally commenced upon service of the summons. Minn.R.Civ.P. 3.01. This is a unique framework and is different from most states and the federal court system that commence lawsuits on filing with the court. Rule 5.04 sets a one-year deadline for the case to be filed with the court or it will […]
Learn MoreApparent Authority
The Minnesota Supreme Court held in Popovich v. Allina, 946 N.W.2d 885 (Minn. 2020) that a hospital may be liable for the negligence of the members of its staff under the doctrine of apparent authority. Earlier decisions by Minnesota’s intermediate court of appeals had incorrectly indicated otherwise and many malpractice cases arising out of apparent […]
Learn MoreLoss of Chance Claims
Minnesota recognizes claims for “loss of chance.” Dickhoff ex rel. Dickhoff v. Green, 836 N.W.2d 321 (Minn. 2013). What is a loss-of-chance claim? A loss of a chance is a form of damage in a medical negligence claim where the patient suffers a decreased likelihood of a positive outcome due to some negligent action by […]
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