Popovich v. Allina Health System

Aleksandr Popovich went to the emergency room at Unity Hospital for symptoms including loss of balance, dizziness, and trouble breathing. A physician ordered a computed-tomography (CT) scan, which was reviewed by a radiologist. Aleksandr was then sent home. Later that day, Aleksandr experienced more breathing issues and became unresponsive. Aleksandr was taken to the emergency room at Mercy Hospital, where another CT scan showed abnormalities and brain swelling that had occurred since the earlier scan. Aleksandr had suffered a stroke in the interim, leaving him with permanent brain damage. Aleksandr’s wife, Alla Popovich (plaintiff), brought an action on his behalf against Allina Health System (Allina) (defendant), which owned both hospitals. However, the emergency-room physicians were technically employees of Emergency Physicians Professional Association (defendant) working as independent contractors for Allina. Similarly, the radiologists involved in the CT scans were technically employees of Suburban Radiologic Consultants (defendant), not the hospital. Despite these arrangements, Allina’s advertising referred to the physicians and radiologists as part of the Allina hospital system. Allina moved for dismissal, arguing that its liability was limited to actual employees of the hospitals. Allina also argued that applying the doctrine of apparent authority would entail a but-for standard of reliance—i.e., actual reliance—under which Alla would have to show that Aleksandr would have refused care had he known that the emergency-room physicians and radiologists were independent contractors. The district court dismissed the suit. The court of appeals affirmed. Alla appealed to the Minnesota Supreme Court.