defendant departed standard (Minnesota) · Go Syfert
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defendant departed standard in Minnesota

12 Minnesota opinions name it 2 courts 1983–2026 2 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Plutshack Ex Rel. Plutshack v. University of Minnesota Hospitalsgreen
minn · 1982 · cited in 4 Minnesota opinions naming this issue, 1983–2007
2 sentences

2007Bigay v. Garvey, 575 N.W.2d 107, 111, n. 4 (Minn.1998) (quoting Plutshack v. Univ. of Minn. Hosps., 316 N.W.2d 1, 5 (Minn.1982)).

2007Bigay v. Garvey, 575 N.W.2d 107, 111, n. 4 (Minn.1998) (quoting Plutshack v. Univ. of Minn. Hosps., 316 N.W.2d 1, 5 (Minn. 1982)).

34
Brown-Wilbert, Inc. v. Copeland Buhl & Co.green
minn · 2007 · cited in 4 Minnesota opinions naming this issue, 2014–2015
2 sentences

2015Brown-Wilbert, Inc. v. Copeland Buhl & Co., 732 N.W.2d 209, 219 (Minn.2007).

2014The second and third Brown-Wilbert elements require the affidavit or interrogatory to “describe[] the expert’s opinion on the applicable standard of care, as recognized by the professional community [and to] explain[] the expert’s opinion that the defendant departed from that standard.” Id.

24
MacRae v. Group Health Plan, Inc.green
minn · 2008 · cited in 1 Minnesota opinions naming this issue, 2026–2026
1 sentence

2026Health Plan, Inc., 753 N.W.2d 711, 717 (Minn. 2008) (stating that the prima facie case for medical malpractice requires (1) a showing of the applicable standard of care, (2) that the defendant departed from that standard, and (3) “that the defendant’s departure from the standard was a direct cause of the patient’s injuries”); see also Minn. Stat. § 145.682 (2024) (setting out expert-review and -disclosure requirements for medical-malpractice actions that reflect the required elements of a prima facie case).

11
Tousignant v. ST. LOUIS COUNTY, MNgreen
minn · 2000 · cited in 1 Minnesota opinions naming this issue, 2024–2024
2 sentences

2024Louis County, 615 N.W.2d 53, 59 (Minn. 2000) (quotation omitted).

2024Louis County, 615 N.W.2d 53, 59 (Minn. 2000) (quotation omitted).

11
Bigay v. Garveygreen
minn · 1998 · cited in 1 Minnesota opinions naming this issue, 2007–2007
2 sentences

2007Bigay v. Garvey, 575 N.W.2d 107, 111, n. 4 (Minn.1998) (quoting Plutshack v. Univ. of Minn. Hosps., 316 N.W.2d 1, 5 (Minn.1982)).

2007Bigay v. Garvey, 575 N.W.2d 107, 111, n. 4 (Minn.1998) (quoting Plutshack v. Univ. of Minn. Hosps., 316 N.W.2d 1, 5 (Minn. 1982)).

11
Fabio v. Bellomogreen
minn · 1993 · cited in 1 Minnesota opinions naming this issue, 2004–2004
1 sentence

2004In actions against health-care providers, a prima facie case of malpractice is established by showing “(1) the standard of care recognized by the medical community as applicable to the particular defendant, (2) that the defendant departed from that standard, and (3) that the defendant’s departure was a direct cause of the plaintiffs injuries.” Fabio v. Bellomo, 504 N.W.2d 758, 762 (Minn.1993).

11
Reinhardt v. Coltongreen
minn · 1983 · cited in 1 Minnesota opinions naming this issue, 2000–2000
1 sentence

2000Reinhardt v. Colton, 337 N.W.2d 88, 94 (Minn.1983).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Statutes the citing opinions construe

MN § Minn. Stat. § 145.682 (5) MN § Minn. Stat. § 544.42 (4) MN § Minn. Stat. § 480A.08 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MN 12 (1983–2026) ME 9 (1988–2016) MT 6 (1993–2020) NY 3 (2021–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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