Minnesota

Statute of

 Limitations

 Medical Claim Generally:

“An action by a patient or former patient against a health care provider alleging malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be commenced within four years from the date the cause of action accrued.” [Minn. Stat. § 541.067] 

 Minors:

The fact that it is a minor that is injured “suspends the period of limitation until the disability is removed. The suspension may not be extended for more than seven years, or for more than one year after the disability ceases.” [Minn. Stat. § 541.15] 

 Wrongful death:

An action to recover damages for a death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall be commenced within three years of the date of death [Minn. Stat. § 573.02] 

 Damage Caps

Minnesota currently does not have any damage caps 

Attorney 

Fee Caps

Minnesota does not have attorney fee caps but “if the fees for legal services provided to the plaintiff are based on a percentage of the amount of money awarded to the plaintiff, the percentage must be based on the amount of the award as adjusted under subdivision 3” [Minn. Stat. § 548.251] 

 Pre-suit   Requirements

In a malpractice claim, the plaintiff must submit an affidavit of expert review and an affidavit of expert identification. [Minn. Stat. § 145.682] 

 Expert  

 Qualifications

Minnesota does not have any medical malpractice specific requirements for experts but requires that the testimony be relevant and reliable. [Minn. R. Evid. 702]

 Negligent Credentialing   Claims

The Minnesota Supreme Court recognizes negligent credentialing as a cause of action but also walks a fine line with privileges for hospitals. [Larson v. Wasemiller]