Minnesota Medical Malpractice Statute of Limitations

There are standards of medical care that have been established in the medical community in this country, in each state, and in local communities.  When a medical professional violates those standards by incorrect, incomplete, or damaging care that results in injuries to the patient, they can be charged with medical malpractice and taken to civil court for the patient to recover damages.  Not only doctors, but also the health care institutions in which the patient suffered that injury can sometimes be named in these lawsuits, as can counselors, psychologists, and psychotherapists can be charged with medical malpractice. 

Each state establishes their own laws for compensation, for other negligence laws, and for the time limits, or statute of limitations laws, which govern medical malpractice cases.  In Minnesota, the standard length of the statute of limitations is 4 years.

Time Limits for Filing a Claim in Minnesota

In Minnesota, the standard statute of limitations is 4 years from the date of the negligent action that caused the medical malpractice injury.  For minors injured by the negligence of a medical professional, the statute of limitations is 1 year after their 18^th birthday, but by no means more than 7 years after the injury occurred.  For wrongful death resulting from medical malpractice, the statute of limitations is 3 years from the date of death, but no more than 4 years from the date of the injury caused by negligence.

Negligence Laws

Minnesota enacted a law in 2005 establishing an advisory committee on medical liability concerns to work in conjunction with the Tort Claims Board, as well as a Medical Malpractice Insurance Availability Plan to provide a market of last resort.  The plaintiff in a medical malpractice case must file an affidavit affirming that they have consulted a medical expert concerning the issues in the case.  Finally, the judge may request an additional hearing to determine if there should be periodic payments in cases where the award exceeds $100,000.  Additional negligence laws are found in the following table:

Award Limits in Minnesota

Minnesota has enacted no medical liability award limits or caps in the case of punitive damages; however, punitive damages are prohibited unless it has been proven that the defendant had conscious disregard for the safety of the patient.  All such rewards are subject to judicial review.

Legal Help

Clearly, medical malpractice cases are full of details that must be understood and followed closely.  From the statute of limitations to negligence laws, from medical standards to medical review boards, many pitfalls can make a difficult lawsuit unlikely to be successful without the help of a legal expert.  You may want to consult an experienced medical malpractice attorney to guide you through this expensive, time consuming, and complicated process.