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Torts Keyed to Prosser
Popovich v. Allina Health System
Citation:
946 N.W.2d 885 (2020)Facts
In February 2016, 38-year-old Aleksandr Popovich went to the emergency room at Unity Hospital (owned by Allina) complaining of dizziness, loss of balance, blurry vision, and trouble breathing. After a CT scan and approximately two hours in the emergency department, he was sent home. Later that morning, he became unresponsive and was taken to Mercy Hospital’s emergency room (also owned by Allina), where another CT scan was performed. After tests showed abnormalities, he was transferred to Abbott Northwestern Hospital where he was diagnosed with a stroke. The stroke left him with serious and irreversible brain damage, including severe speech and cognitive impairments, and limited mobility requiring lifelong care. The emergency room doctors who treated Popovich at Unity and Mercy were employees of Emergency Physicians Professional Association (EPPA), and the radiologists were employees of Suburban Radiologic Consultants (SRC) – both independent contractors with Allina. Alla Popovich sued Allina, alleging that the hospital was vicariously liable for the negligence of these non-employee physicians under the doctrine of apparent authority.
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