In Warren v. Dinter, the Minnesota Supreme Court held that a physician who consulted with a nurse practitioner regarding the nurse practitioner’s patient had a duty to the patient. The court reasoned that this duty existed because it was foreseeable that the patient would rely on information provided to the nurse practitioner by the physician. This decision was based on one hundred years of medical malpractice precedent in Minnesota, where courts have consistently held that even if no physician‑patient relationship exists, a physician may still have a duty to a party if it is foreseeable that the party would rely on the physician’s advice and be harmed. This case note argues that while Warren used a standard consistent with a century’s worth of jurisprudence in Minnesota, the court’sapplication of the standard in Warren was overbroad. Accordingly, Warren will have significant, lasting, and detrimental implications for medical professionals and others.
This case note begins with a historical overview of the law relevant to medical malpractice claims in Minnesota and other states. The history section also includes a brief chronicle of nurse practitioner practice authority in Minnesota and an overview of the legal evolution of both nurse practitioners and physician assistants. Section III provides a summary of the facts and procedural history of Warren. Finally, Section IV offers an analysis of several issues created by Warren, including how the decision may affect certain communications between physicians and their colleagues, whether the foreseeability of harm standard should be narrowly construed, and what the medical malpractice implications of Warren may be for physicians, nurse practitioners, and physician assistants. The analysis explains how Warren could lead to unintended consequences and confusion among health care providers and other professionals and provides guidance for mitigating these issues. The section concludes with potential solutions for health care practitioners and other professionals who are wary of Warren’s holding.