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37-1. Joint Ventures. Gustave Peterson contacted his family doctor, Leland Reiche complaining of abdominal pain. The doctor recommended gallbladder surgery. I George Fortier performed the
37-1. Joint Ventures. Gustave Peterson contacted his family doctor, Leland Reiche complaining of abdominal pain. The doctor recommended gallbladder surgery. I George Fortier performed the surgery, and Reichelt assisted. It was Reichelt's norm practice to refer patients to Fortier for surgery, and each doctor charged the patie separately for his services. During the operation, a metal clip was inadvertently left i side Peterson's abdominal cavity. It eventually formed a stone, which later caus Peterson chest and gastric pain. Peterson repeatedly complained to Reichelt, who dia nosed the problem as being related to either a hernia or stress. Peterson finally soug the advice of another physician, who, on performing surgery, discovered the metal cli Peterson filed suit against both Reichelt and Fortier for malpractice under the theo that Fortier and Reichelt were engaged in a joint enterprise (joint venture). Discu fully whether the two doctors were joint venturers. [Peterson v. Fortier, 406 N.W.2d 5 (Minn.App. 1987)]
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