Popovich v. Allina Health System

946 N.W.2d 885 (2020)

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Nature of the Case

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Facts

P went to the emergency room at Unity Hospital complaining of dizziness, loss of balance, blurry vision, and trouble breathing. A physician on duty ordered a computed tomography (CT) scan of P's head, and a radiologist reviewed the scan. After spending approximately 2 hours in the emergency department, P returned home shortly before 7:00 a.m. Later that morning, P had trouble breathing and became unresponsive. An ambulance took him to the emergency room at Mercy Hospital, where he arrived at 11:16 a.m. A doctor working in the emergency room ordered a second CT scan of P's head. A radiologist reviewed both the scan from P's first emergency room visit at Unity Hospital and the second scan taken at Mercy Hospital. The radiologist identified abnormalities in the scans and noted swelling in P's brain that had increased since the first scan. P was transferred to Abbott Northwestern Hospital for further care. He arrived at Abbott at 5:37 p.m., where doctors diagnosed him with 'dissection of the left proximal vertebral artery with thrombus.' P had suffered a stroke. The stroke left him with serious and irreversible brain damage. He spent several weeks in the hospital followed by a month of in-patient rehabilitation. He still cannot walk without great assistance, he has very little use of his right arm and leg, and he has severe speech and cognitive impairments. He will need therapy and nursing care for the rest of his life. D owns both Unity Hospital and Mercy Hospital. The emergency room doctors and radiologists involved were not D employees. They worked for the Emergency Physicians Professional Association (EPPA), an entity that contracted with D to provide doctors for emergency departments. The radiologists who reviewed the images \were employees of Suburban Radiologic Consultants (SRC), a separate entity with a contract to provide radiology services to Unity and Mercy Hospitals. P sued EPPA, and the emergency room physicians for medical malpractice. An amended complaint added a claim against SRC. P asserts that D is vicariously liable for EPPA's and SRC's negligent acts and omissions through the doctrine of apparent authority. The amended complaint acknowledges that the physicians were not employed by D. D moved to dismiss the amended complaint claiming it does not state a claim because Minnesota law bars a suit against a hospital based on the negligence of independent contractors. The district court granted D's motion to dismiss, ruling that a hospital is not vicariously liable for the acts of non-employees. A divided court of appeals affirmed the dismissal of the claims against D. P appealed.