Minnesota recently joined the majority of states that apply the vicarious liability doctrine of apparent authority to hospitals for the negligence of independent contractor physicians in emergency rooms. In Popovich v. Allina Health Systems, the Minnesota Supreme Court clarified previous decisions involving vicarious liability in emergency rooms, stating that the previous holdings conflated the two underlying doctrines of respondeat superior and apparent authority. The court rejected an exclusive exemption for hospitals from the widely applied doctrine of apparent authority.
This Case Note proceeds in three parts. First, it reviews the concurrent evolution of hospitals and accompanying public perception in the United States, along with the development of vicarious liability theories both generally and in Minnesota. Second, the Note outlines Popovich, discusses the court’s analysis and holdings, and reviews the dissent. Third, the Note concludes that the decision comports with the current health care climate, explores the possible effects of the relaxed apparent authority standard, and analyzes Popovich’s influence, including the potential for consideration of a nondelegable duty standard in Minnesota.