Apparent Authority: Minnesota Finally Rejects Categorical Exemption for Independent Contractors in Hospital Emergency Rooms and Signifies Potential for Nondelegable Duty Doctrine- Popovich v. Allina Health Sys., 946 N.W.2D 885 (MINN. 2020).

The gradual transformation of hospitals in the United States is a testament to the commitment to caring for patients regardless of ability to pay in unison with advancing medical technology and related costs. The modernization of hospitals into large corporations led to diminished forbearance from pursuit of legal remedies by patients injured by physician negligence. As hospitals developed, their immunity dissolved, and courts applied vicarious liability theories against hospitals for physician negligence. Beginning with respondeat superior, courts later included agency theories of agency by estoppel, apparent agency, and eventually, nondelegable duty. Minnesota courts followed this general trajectory but were slower to apply apparent authority than many other states.

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