Cited by
Opinions in Minnesota that cite Cornfeldt v. Tongen, 295 N.W.2d 638.
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Admire Benga, et al., Individually and as Parents and Natural Guardians of Adriel Benga, a Minor, Appellants,
Minn. Ct. App. 2026
To establish causation, a medical-malpractice plaintiff must introduce expert testimony showing “that it is more likely than not that the defendant’s conduct was a substantial factor in bringing about the [injury].” Rygwall, d at 429 (quotation omitted); (requiring that medical- malpractice plaintiff, to avoid directed verdict, “introduce expert medical testimony” about 6 Moreover, at least one article in the record notes that “cesarean [section] does appear to reduce the risk for [neonatal brac
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Cathy J. Foy, et al., Appellants,
Minn. Ct. App. 2025
18 Appellants also assert the district court erred by including the word “significant” in the informed consent instruction, citing the supreme court’s statement in Cornfeldt v. Tongen (Cornfeldt II), that “[t]o the extent that our prior decision suggests that a physician’s duty to disclose extends only to significant risks, i.e., death or serious harm, it is hereby modified.” n.2 (Minn. 1980).
- Antonio Ray Seals, Jr., a minor child by his Mother and Natural Guardian Marciana Davis, Appellant, Minn. Ct. App. 2025
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Daniel J. Cafferty, Appellant,
Minn. Ct. App. 2020
Certainly “[t]he jury cannot be permitted to specu late as to whether earlier diagnosis or different treatment would have resulted in a cure.” Cornfeldt v. Tongen
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Lynda Jo Blom, Appellant,
Minn. Ct. App. 2019
Because the jury found that none of the defendants acted negligently, and a medical malpractice claim fails without a finding of the defendants’ negligence, the instructions and finding as to Blom’s negligence are irrelevant to Blom’s appeal.
- Jeanne Shellum, et al., Respondents, Minn. Ct. App. 2019
- Dickhoff ex rel. Dickhoff v. Green 836 N.W.2d 321 Minn. 2013
- D.A.B. v. Brown 570 N.W.2d 168 Minn. Ct. App. 1997
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D.A.B. v. Brown
570 N.W.2d 168
Minn. Ct. App. 1997
(Cornfeldt II); (Cornfeldt I).
- K.A.C. v. Benson 527 N.W.2d 553 Minn. 1995
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K.A.C. v. Benson
527 N.W.2d 553
Minn. 1995
Kinikin, d at 595 (citing Cornfeldt v. Tongen (Cornfeldt II), ).
- Williams v. Wadsworth 503 N.W.2d 120 Minn. 1993
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Williams v. Wadsworth
503 N.W.2d 120
Minn. 1993
In addition, expert testimony must be supplied to “establish that it is more probable than not the undisclosed risk did materialize in harm.” (citing *124 -41 (Minn.1980)).
- Leubner v. Sterner 493 N.W.2d 119 Minn. 1992
- Leubner v. Sterner 493 N.W.2d 119 Minn. 1992
- Fabio v. Bellomo 489 N.W.2d 241 Minn. Ct. App. 1992
- Fabio v. Bellomo 489 N.W.2d 241 Minn. Ct. App. 1992
- Leubner v. Sterner 483 N.W.2d 518 Minn. Ct. App. 1992
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Leubner v. Sterner
483 N.W.2d 518
Minn. Ct. App. 1992
Kalsbeck, d at 870 ( , 641 n. 4 (Minn.1980)).
- Madsen v. Park Nicollet Medical Center 431 N.W.2d 855 Minn. 1988
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Madsen v. Park Nicollet Medical Center
431 N.W.2d 855
Minn. 1988
Accordingly he claims that under Cornfeldt v. Tongen I, he was entitled to have his requested negligent nondisclosure instruction read to the jury.
- Chicago Greatwestern Office Condominium Ass'n v. Brooks 427 N.W.2d 728 Minn. Ct. App. 1988
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Chicago Greatwestern Office Condominium Ass'n v. Brooks
427 N.W.2d 728
Minn. Ct. App. 1988
19, 1986) (trial court sanctions for failure to notify opponent of expert who will testify at trial), modified on other grounds
- Madsen v. Park Nicollet Medical Center 419 N.W.2d 511 Minn. Ct. App. 1988
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Madsen v. Park Nicollet Medical Center
419 N.W.2d 511
Minn. Ct. App. 1988
See also Cornfeldt v. Tongen (Cornfeldt I), Cornfeldt v. Tongen (Cornfeldt II)
- Pratt Ex Rel. Pratt v. University of Minnesota Affiliated Hospitals & Clinics 403 N.W.2d 865 Minn. Ct. App. 1987
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Pratt Ex Rel. Pratt v. University of Minnesota Affiliated Hospitals & Clinics
403 N.W.2d 865
Minn. Ct. App. 1987
-41 (Minn.1980) (Comfeldt II).
- Kraushaar v. Austin Medical Clinic P.A. 393 N.W.2d 217 Minn. Ct. App. 1986
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Kraushaar v. Austin Medical Clinic P.A.
393 N.W.2d 217
Minn. Ct. App. 1986
modified on other grounds
- Fehling v. Levitan 382 N.W.2d 901 Minn. Ct. App. 1986
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Fehling v. Levitan
382 N.W.2d 901
Minn. Ct. App. 1986
(plaintiff must show it was “more probable than not that but for the operation she would have recovered”); Prosser and Kee-ton on Torts § 41, at 268 (in the great majority of cases, the substantial factor test produces the same legal conclusion as the but-for test).
- Goodrich v. McCannel 382 N.W.2d 235 Minn. Ct. App. 1986
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Goodrich v. McCannel
382 N.W.2d 235
Minn. Ct. App. 1986
To accept her argument, however, (Cornfeldt II).
- Clark v. Miller 378 N.W.2d 838 Minn. Ct. App. 1986
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Clark v. Miller
378 N.W.2d 838
Minn. Ct. App. 1986
(Cornfeldt II), delineated the elements for negligent nondisclosure: He must also show a duty to disclose the risk or alternate treatment plan by evidence establishing that a reasonable person in what the physician knows or should have known to be the patient’s position would likely attach significance to
- Kalsbeck v. Westview Clinic, P.A. 375 N.W.2d 861 Minn. Ct. App. 1985
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Kalsbeck v. Westview Clinic, P.A.
375 N.W.2d 861
Minn. Ct. App. 1985
Appellant argues that the doctrine of informed consent, as announced in Cornfeldt v. Tongen (Cornfeldt I), and as modified in Cornfeldt v. Tongen (Cornfeldt II), applies to this case and thus it was error to refuse to instruct the jury on the doctrine.
- Reinhardt v. Colton 337 N.W.2d 88 Minn. 1983
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Reinhardt v. Colton
337 N.W.2d 88
Minn. 1983
-41 (Minn. 1980) ( Cornfeldt II ).
- Plutshack Ex Rel. Plutshack v. University of Minnesota Hospitals 316 N.W.2d 1 Minn. 1982
- Plutshack Ex Rel. Plutshack v. University of Minnesota Hospitals 316 N.W.2d 1 Minn. 1982
- Kinikin v. Heupel 305 N.W.2d 589 Minn. 1981
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Kinikin v. Heupel
305 N.W.2d 589
Minn. 1981
He claims, however, these standards were modified in Cornfeidt II, i. e., decided after defendant’s trial, on August 8, 1980.