Minnesota Court of Appeals Rejects Argument to Overturn Case Law Holding Hospitals Cannot be Held Vicariously Liable for Non-Employed Physician’s Negligence

law argumentProfessor Bondy argues a difficulty regarding a surveillance program. At the time, Professor Bondy was with the Department of Justice, in the Appellate Staff. He is at present Senior Counsel in Orrick, Herrington & Sutcliffe’s Supreme Court and Appellate apply.


Absolutism is derived from Plato’s idealized formal logic, which advocates universal reality; thus absolutists imagine that moral points may be resolved by adhering to a standard set of moral principles, no matter context. By contrast, Toulmin asserts that many of those so-referred to as standard rules are irrelevant to actual conditions encountered by human beings in every day life. In the manner of a sociologist, ethnographer, anthropologist, participant-observer, and journalist, the sector theorist gathers and reports on real-world human discourses, gathering case research that may finally be combined to supply excessive-order explanations of argumentation processes.

The affected person argued that as a result of the Moeller court addressed the question of whether a hospital could be held vicariously responsible for the negligence of an employed resident physician – not whether the hospital could or couldn’t be held answerable for the negligence of a non-employed physician – McElwain’s reliance on that holding was misplaced. The majority in Popovich rejected that argument and held that McElwain’s reliance on Moeller was respectable and the holding in McElwain is controlling legislation in Minnesota.


Further, citing the doctrine of stare decisis – Latin for “to face by issues decided” and the legal precept by which subsequent courts are usually obligated to respect prior precedential case law – the bulk declined to overturn McElwain despite the affected person’s urging to do so. Applying the holding in McElwain to its information, the bulk in Popovich held that as a result of the ED physicians weren’t employees of the well being system, then the health system couldn’t be held vicariously for the physicians’ alleged negligence and dismissal of the claims towards it was acceptable.

To save the looks of a violent and shameless outrage upon the authority of the judicial courts, the second was to be watched when the Judge of the District Court should problem his decree, which it was anticipated would be conformable to the written opinion of the Attorney General. From that decree the Africans can be entitled to an attraction, first to the Circuit and eventually to the Supreme Court of the United States–but with appropriate administration, by one and the same operations they could be choused out of that proper, the Circuit and Supreme Courts ousted of their jurisdiction, and the hapless captives of the Amistad delivered over to slavery and to death. The second principle drawn by the late Attorney General, if he had reasoned on the topic as men ought to reason, is in favor of the claims of the Africans. The Antelope was engaged in the slave commerce south of the Line, where it was not then prohibited by the laws of Spain. The determination of the Supreme Court, such because it was, was in affirmance of the decree of the court below.

The solely precept to which half the court docket adhered, and thereby left the decree of the Circuit Court unreversed was, that the Spanish prohibition of the slave trade had not quickened into life fairly in time to avoid wasting these thirty-nine unfortunates from the clutches of their oppressors. opposite to the legal guidelines of countries, his decision was corresponding to might be expected from a choose, himself a holder of slaves, in a land where slavery has the sanction of regulation.

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