Final Project Milestone One Malpractice Case

This case study analyzes the Popovich v. Allina Health System malpractice case, focusing on standard of care, vicarious liability, and the role of independent contractors in healthcare. It explores legal doctrines and patient safety implications.

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Southern New Hampshire University
I
HP-420-18368-M01 Ethical & Legal Considerations
3-2 Final Project Milestone One: Malpractice Case
Amanda Hein
March 26 th
, 2025
Elizabeth Skarbinski
Alaksandr Popovich is the plaintiff in this case, along with Alla Popovich who is the guardian ad
litem. He was admitted to two separate facilities on February 9th, 2016, Unity Hospital in the
early mornings with complaints of loss of balance, blurry vision, trouble breathing and being
dizzy. After the physicians on duty ordered a CT scan, it was reveiwed by a radiologist and after
two hours Mr. Popovich was sent home. According to the plaintiff, there was no diagnosis listed
in the court documents, so Alexander was sent home. Sometime before 7:00 AM that day.
Around 11:16 AM the same day, February 9th, 2016, Mr. Popovich became unresponsive and
had issues breathing. An ambulance was called, and they drove him to Mercy Hospital
Emergency. The physician at the hospital also ordered a CT scan. A radiologist reviewed not only
the current scan, but the one from earlier that morning as well from Unity Hospital. The second
radiologist noted swelling between the two scans, as well as other abnormalities.
The defendants in this case are listed as Allina Health System. Emergency Physicians
Professional Association and the radiologists who were independently contracted. The key legal
components. In this case, it involves the nature of the issues whether. Allina Health System was
vicariously liable for the negligence of their independent contractors. Another component is the
rules that are applied. This rule would be. Non delegable duty, and the doctrines of apparent
authority. The malpractice policies being addressed in this case would be requiring hospitals to
maintain supervision over independent contractors, making sure they have credential processes
for the independent contractors, and requiring that. Hospitals maintain malpractice insurance. A
standard of care refers to the ordinary skill and care that all health care practitioners, such as
physicians, nurses, and allied health professionals must use., as determined by the state license or
certification and that a "reasonable" person would use in similar circumstances (Fremgen, 2024).
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Subject
Civil Law

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