Issue: Under Minnesota law, in what circumstances may a hospital be held vicariously liable for the negligence of a physician occurring inside the hospital?
| Area of Law: | Personal Injury & Negligence |
| Keywords: | Hospital's vicarious liability; Physician's negligence; Employee of hospital |
| Jurisdiction: | Minnesota |
| Cited Cases: | 237 Minn. 368; 54 N.W.2d 639 |
| Cited Statutes: | None |
| Date: | 02/01/2001 |
In McElwain v. Van Beek, 447 N.W.2d 442 (Minn. Ct. App. 1989), the court held that a hospital may only be held vicariously liable for the acts of a physician if the physician is an employee of the hospital. Id. at 443; see also Moeller v. Hauser, 237 Minn. 368, 378-79, 54 N.W.2d 639, 645-46 (1952).
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