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LOSEN v. ALLINA HEALTH SYSTEM

No. A08-1478.

767 N.W.2d 703 (2009)

Regina C. LOSEN, trustee for the heirs and next-of-kin of Deborah Miller, deceased, et al., Appellants, v. ALLINA HEALTH SYSTEM, d/b/a United Hospital, et al., Respondents, Minnesota Epilepsy Group, P.A., et al., Respondents.

Court of Appeals of Minnesota.

July 7, 2009.

Attorney(s) appearing for the Case

Valerie R. LeMaster, John M. Dornik, Mackenzie & Dornik, P.A., Minneapolis, MN, for appellants.

Gregory P. Bulinski, Charles E. Lundberg, Paula M. Semrow, Bassford Remele, P.A., Minneapolis, MN, for respondents Allina Health System d/b/a United Hospital and Paul Goering, M.D.

Steven R. Schwegman, Kenneth H. Bayliss, Laura A. Moehrle, Quinlivan & Hughes, P.A., St. Cloud, MN, for respondents Minnesota Epilepsy Group, Deanna L. Dickens, M.D., and Patricia E. Penovich, M.D.

William L. Davidson, Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, MN, for amici curiae Minnesota Medical Association and Fairview Health Services.

Katherine Barrett Wiik, Anne E. Workman, Robins, Kaplan, Miller & Ciresi, L.L.P., Minneapolis, MN, for amicus curiae Minnesota Association for Justice.

Considered and decided by SHUMAKER, Presiding Judge; HALBROOKS, Judge; and CRIPPEN, Judge.

OPINION

HALBROOKS, Judge.

This appeal arises out of a medical-negligence and wrongful-death action against three physicians, a hospital, and a clinic for alleged negligent treatment of a patient who later killed his mother and injured his father and stepmother. Appellants assign error to the district court's grant of partial summary judgment arguing that immunity under Minn.Stat. § 253B.23, subd. 4, does not apply to respondents' good-faith decision...

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