MN Hospital Immunity, Failure to Voluntarily Admit

Minnesota case law summary by Attorney Richard Clem: TMN Hospital Immunity, Failure to Voluntarily Admit.

Melinda M. Binkley, Trustee on behalf of the heirs and next of kin of Kirk T. Lloyd, II, Respondent, v. Allina Health System, et al.. MN Hospital Immunity, Failure to Voluntarily Admit

In this appeal from Ramsey County, the Minnesota Court of Appeals held:

Decisions on whether to grant an individual’s request for voluntary admission under Minn. Stat. 253B.04 are immune from suit under Minn. Stat. 253B.23.

The plaintiff had brought the action after the defendant hospital failed to voluntarily admit her son, who later committed suicide.

No. A14-0794 (Minn. Ct. App. Feb. 9, 2015)

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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