Date: Feb 27, 2012
An article authored by Meagher & Geer partner Rodger Hagen is published in PIAA Physician Insurer journal (2012 First Quarter). As claimants and their attorneys continue to contrive creative liability theories, the lines separating distinct types of medical professional liability (MPL) claims from one another are at risk of becoming blurred. One prominent example of this tactic: cases in which a patient tries to conjure a negligent nondisclosure-of-risk claim from what is really nothing more than a garden-variety negligent treatment claim. A recent decision by the Minnesota Court of Appeals reaffirms that distinction, and it also illustrates the fundamental difference between these two kinds of claims.
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