Nature of the Case
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Facts
Ms. Warren went to Essentia Health Hibbing Clinic (Essentia), complaining of abdominal pain, fever, chills, and other symptoms. She was examined by Nurse Practitioner Sherry Simon, had her blood drawn for testing, and was sent home. Simon called Warren and asked her to return to Essentia for additional testing that afternoon. Based on the results of that testing (as well as the prior tests, examination, and health history), Simon believed that Warren needed to be admitted to a hospital. Range Regional Health Services (D) does business as Fairview Range Medical Center (Fairview), which is a hospital. Fairview is a separate legal entity from Essentia and is not affiliated with the Essentia clinic. D is a hospitalist, a physician who provides care for patients in a hospital setting, at Fairview. Simon did not have admitting privileges at Fairview. When an Essentia employee believed that a patient needed hospitalization, they would call Fairview, ask to speak to a hospitalist there, and have the Fairview hospitalist make the admission determination. Simon followed this practice. Simon called Fairview and was connected with D. Based on the information that Simon orally provided, D told her that it sounded like Ms. Warren had 'a diabetes that's out of control' and that she should 'treat the diabetes and see [Ms. Warren] back in [a] follow-up [visit].' D told Simon that Ms. Warren 'did not need to be hospitalized,' and recommended that Simon follow up with Ms. Warren three days later. Simon consulted her collaborating physician at Essentia, Dr. Jan Baldwin. Dr. Baldwin had admitting privileges at Fairview, but her normal procedure was to have the Fairview hospitalists do admissions of her adult patients. If a Fairview hospitalist declined to admit a patient she thought should be hospitalized, she would either send the patient to Fairview's emergency room or to a different hospital. From the paperwork, Dr. Baldwin concurred with D that hospitalization was not needed and that treating Ms. Warren's diabetes would resolve her abnormal lab results. Simon prescribed medication to begin controlling the diabetes, told Ms. Warren to call the clinic or go to an emergency department if her symptoms got worse, and scheduled an appointment for the following Monday. The next day, Ms. Warren died due to sepsis brought on by a staph infection. P filed a medical malpractice claim against D and Fairview. After the close of discovery, D and Fairview moved for summary judgment in that D did not owe a duty of care to Ms. Warren. The district court granted summary judgment on the basis that there was no duty of care. The appeals court affirmed. P appealed.
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