Cited by
Opinions in Minnesota that cite Plutshack Ex Rel. Plutshack v. University of Minnesota Hospitals, 316 N.W.2d 1.
- Edward Gerrety, Appellant, Minn. Ct. App. 2026
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Jay Maurice, as Trustee for the next-of-kin of Jon Maurice, Appellant,
Minn. Ct. App. 2025
of Minn. Hosps., (outlining the elements of negligent care and treatment against medical personnel).
- Angie M. Barsness, et al., Appellants, Minn. Ct. App. 2024
- Judith Rygwall, as Trustee for the Heirs and Next of Kin of Amy Rygwall v. ACR Homes, Inc. … 6 N.W.3d 416 Minn. 2024
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Judith Rygwall, as Trustee for the Heirs and Next of Kin of Amy Rygwall v. ACR Homes, Inc. …
6 N.W.3d 416
Minn. 2024
of Minn. Hosps., (characterizing a medical malpractice claim as a doctor’s “negligent care and treatment” of a patient).
- A minor child by his mother and natural guardian, Chelsea Rose, Appellant, Minn. Ct. App. 2022
- Sharon Schirmer, trustee for the next of kin of Cary F. Schirmer v. The Duluth Clinic, Ltd., d/b/a … Minn. Ct. App. 2016
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Sharon Schirmer, trustee for the next of kin of Cary F. Schirmer v. The Duluth Clinic, Ltd., d/b/a …
Minn. Ct. App. 2016
of Minn. Hosp., (quotation omitted).
- Dickhoff ex rel. Dickhoff v. Green 836 N.W.2d 321 Minn. 2013
- Dickhoff ex rel. Dickhoff v. Green 836 N.W.2d 321 Minn. 2013
- MacRae v. Group Health Plan, Inc. 753 N.W.2d 711 Minn. 2008
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MacRae v. Group Health Plan, Inc.
753 N.W.2d 711
Minn. 2008
of Minn. Hosps., see also Molloy, d at 720-22 (stating that a cause of action does not accrue until both the negligent act and the resulting injury have occurred).
- Becker v. Mayo Foundation 737 N.W.2d 200 Minn. 2007
- Becker v. Mayo Foundation 737 N.W.2d 200 Minn. 2007
- Brown-Wilbert, Inc. v. Copeland Buhl & Co. 732 N.W.2d 209 Minn. 2007
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Brown-Wilbert, Inc. v. Copeland Buhl & Co.
732 N.W.2d 209
Minn. 2007
of Minn. Hosps., cf. Admiral Merchs.
- Molloy v. Meier 679 N.W.2d 711 Minn. 2004
- Molloy v. Meier 679 N.W.2d 711 Minn. 2004
- Tousignant v. ST. LOUIS COUNTY, MN 615 N.W.2d 53 Minn. 2000
- Tousignant v. ST. LOUIS COUNTY, MN 615 N.W.2d 53 Minn. 2000
- Russell v. Johnson 608 N.W.2d 895 Minn. Ct. App. 2000
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Russell v. Johnson
608 N.W.2d 895
Minn. Ct. App. 2000
person in what the physician knows or should have known to be the plaintiffs position would likely attach significance to that risk or alternative in deciding whether to consent to treatment; (3) breach of that duty; (4) causation (the undisclosed risk must materialize in harm); and (5) damages.” ().
- Zilisch v. State Farm Mutual Automobile Insurance 977 P.2d 134 Ariz. Ct. App. Div. 1 1999
- Wall v. Fairview Hospital & Healthcare Services 584 N.W.2d 395 Minn. 1998
- Wall v. Fairview Hospital & Healthcare Services 584 N.W.2d 395 Minn. 1998
- Bigay v. Garvey 575 N.W.2d 107 Minn. 1998
- Bigay v. Garvey 575 N.W.2d 107 Minn. 1998
- Wall v. Fair View Hospital & Healthcare Services 568 N.W.2d 194 Minn. Ct. App. 1997
- Wall v. Fair View Hospital & Healthcare Services 568 N.W.2d 194 Minn. Ct. App. 1997
- Bigay v. Garvey 562 N.W.2d 695 Minn. Ct. App. 1997
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Bigay v. Garvey
562 N.W.2d 695
Minn. Ct. App. 1997
9 (Minn.1982) (stating elements of negligent treatment and negligent nondisclosure claims).
- Fabio v. Bellomo 504 N.W.2d 758 Minn. 1993
- Fabio v. Bellomo 504 N.W.2d 758 Minn. 1993
- Williams v. Wadsworth 503 N.W.2d 120 Minn. 1993
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Williams v. Wadsworth
503 N.W.2d 120
Minn. 1993
igent care and treatment claim, the plaintiff must offer an expert opinion demonstrating “(1) the standard of care recognized by the medical community as applicable to * * * defendant’s conduct, (2) that the defendant in fact departed from that standard, and (3) that the defendant’s departure from that standard was a direct cause of [the] injur[y].”
- Leubner v. Sterner 493 N.W.2d 119 Minn. 1992
- Leubner v. Sterner 493 N.W.2d 119 Minn. 1992
- Alevizos v. METROPOLITAN AIRPORTS COM'N 452 N.W.2d 492 Minn. Ct. App. 1990
- Alevizos v. METROPOLITAN AIRPORTS COM'N 452 N.W.2d 492 Minn. Ct. App. 1990
- McElwain v. Van Beek 447 N.W.2d 442 Minn. Ct. App. 1989
- McElwain v. Van Beek 447 N.W.2d 442 Minn. Ct. App. 1989
- Western Surety & Casualty Co. v. General Electric Co. 433 N.W.2d 444 Minn. Ct. App. 1988
- Western Surety & Casualty Co. v. General Electric Co. 433 N.W.2d 444 Minn. Ct. App. 1988
- Schneider v. Buckman 412 N.W.2d 787 Minn. Ct. App. 1987
- Schneider v. Buckman 412 N.W.2d 787 Minn. Ct. App. 1987
- 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
the supreme court held that to state a claim for negligent nondisclosure a plaintiff must demonstrate five elements: (1) a duty on the part of the physician to know of a risk or alternative treatment plan; (2) a duty to disclose the risk or alternative program, which may be established by a showing that a
- Bauer v. Friedland 394 N.W.2d 549 Minn. Ct. App. 1986
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Bauer v. Friedland
394 N.W.2d 549
Minn. Ct. App. 1986
al malpractice for negligent medical treatment, a plaintiff must show “(1) the standard of care recognized by the medical community as applicable to the particular defendant’s conduct, (2) that the defendant in fact departed from that standard, and (3) that the defendant’s departure from that standard was a direct cause of [the patient’s] injuries.”
- Goodrich v. McCannel 382 N.W.2d 235 Minn. Ct. App. 1986