Minnesota Supreme Court Dismisses Wrongful Death Claim in Favor of Fairview Health Services

August 27, 2026

On August 19, the Minnesota Supreme Court issued an opinion in favor of Fairview Health Services’ argument that Minnesota statute requires a trustee to be appointed prior to that trustee being able to bring a wrongful death action. 

In Hagfors v. Fairview Health Services, Keith Hagfors served a summons and complaint on Fairview Health Services, the University of Minnesota, and University of Minnesota Physicians alleging the wrongful death of his wife, Sara Hagfors, who died on April 9, 2021. The complaint was served within the statutory limitations period, but before Hagfors was appointed as trustee. Hagfors was appointed as trustee still within the statutory limitations period, but did not re-serve the complaint before the limitations period expired. 

The district court dismissed the claim, and the court of appeals affirmed. The Minnesota Supreme Court also affirmed by finding that appointment as a trustee is a condition precedent to commencing a wrongful death action under Minnesota statute. 

The MMA submitted an amicus brief, or friend of the court brief, in partnership with the AMA Litigation Center to support Fairview Health in their appeal to the Minnesota Supreme Court. 

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