Amber Harris IHP 420 Describe The Case Worksheet

IHP 420 Describe the Case Worksheet Amber Harris

Issue (What facts and circumstances brought these parties to court?) ● Who are the parties in this case: plaintiff and defendant?  Plaintiff: Alla K. Popovich, as wife and Guardian Ad Litem for Aleksandr M. Popovich, et al.,  Defendant: Allina Health System, Emergency Physicians Professional Association. ● What facts and circumstances brought these parties to court?  Medical malpractice allegations against Allina Health System led to a legal dispute in Popovich v. Allina Health System. Independent contractors assigned to provide medical care to Aleksandr M. Popovich in two Allina hospitals' emergency departments exhibited negligence, according to the lawsuit. The alleged negligence led to the harm of Aleksandr M. Popovich. Having been partially dismissed by the district court for her claim of vicarious liability, Alla K. Popovich contested the decision in her capacity as the guardian ad litem for her husband. In her argument, she invoked the legal doctrines of apparent authority and agency by estoppel to hold Allina Health System accountable for the actions of independent contractors. If an employee's actions are within the scope of their employment duties, the employer is usually liable for their actions. The argument of Alla K. Popovich sought to extend this liability to the hospital system, contending that non- employee physicians who were hospital employees should also be subject to this liability. Thus, this case provided an in- depth examination of vicarious liability, hospital legal obligations, and patient perceptions and expectations. Depending on the outcome of this case, hospitals had the potential to be held responsible for all actions taken by their employees while providing care to their patients. ● Is the court deciding a question of fact — i.e., are the parties in dispute over what happened? In deciding the case, the court is dealing with both a factual and a legal issue. When one deals with a question of fact, one determines the facts that occurred, and when one deals with a question of