Medical Malpractice – Standard of Care

cassiejohnson//January 2, 2015//

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Appellant-trustee challenged the District Court’s dismissal of this wrongful-death medical-malpractice action arising out of her sister’s death from cancer contracted from a donated organ. Appellant asserted that the District Court erred by determining as a matter of law that it was not foreseeable that the decedent would contract cancer from a transplanted organ and thus that respondent-doctor did not breach the standard of care, and that the alleged breach was not the proximate cause of the decedent’s death. The Court of Appeals concluded that there existed genuine issues of material fact in relation to both the standard of care and causation. Reversed and remanded.

A14-0334 Shierts v. Univ. of Minn. Physicians (Hennepin County)

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