Minnesota Supreme Court Expands Malpractice Exposure Beyond Physician-Patient Relationship

In Warren v Dinter, the Minnesota Supreme Court recently determined that a physician-patient relationship was not a prerequisite for a medical malpractice action.  In this case, a physician, without reviewing the patient’s medical record, determined that hospitalization was not required.  The patient became septic and died.  The decision places Minnesota in the minority of jurisdictions that permit malpractice claims to be advanced even where there is no physician-patient relationship.