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Minnesota Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Minn. Stat. §541.076 and §541.15 Four years from the date the cause of action accrues. Minors under age 18: period of limitation suspended until reaching majority, but not for more than seven years or for more than one year after the reaching majority.

Minnesota Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§549.20. Punitive damages shall be allowed in civil actions only upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others. The court shall specifically review the punitive damages award and shall make specific findings. The appellate court, if any, also shall review the award. Nothing in this section may be construed to restrict either court's authority to limit punitive damages.

Limits on Attorney Fees

§548.251. 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 the collateral source rule.

Periodic Payments

§549.25. If the amount of future damages exceeds $100,000, the court shall hold a hearing prior to ordering entry of judgment to allow the claimant to consider whether payment of the future damages over time as the damages are incurred is in the best interests of the claimant. If the claimant decides, after the hearing, that structured payments of future damages would be in the claimant's best interests, the court shall make available information to assist the claimant in seeking an appropriate financial instrument to provide such payments. Judgment may not be entered until the claimant has notified the court that the claimant does not wish to enter into a structured settlement.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§145.61 et seq. Review organizations