Minnesota Medical Malpractice Laws & Statute of Limitations

If you’ve suffered health problems or other consequences because of what you believe was medical negligence in Minnesota, you might be thinking of filing a medical malpractice claim. It’s important to have a general understanding of the process and the steps you’ll need to take—especially so you don’t wait too long to take action.

This article gives you an overview of the Minnesota laws most likely to impact your medical malpractice claim, including:

• the time limits for filing a medical malpractice lawsuit in Minnesota
• the state's requirements for getting opinions from medical experts early in the process, and
• Minnesota's rules on shared fault and apportionment of awards in medical malpractice cases.

Time Limit for Filing a Medical Malpractice Case In Minnesota

Medical malpractice cases in Minnesota are governed by the state's "statute of limitations," a law that sets a deadline for filing a medical malpractice lawsuit in court. In Minnesota, the deadline falls four years "from the date the cause of action accrued" in most cases (Minn. Stat. § 541.076 (2022).)

When Does the "Clock" Start Running?

The statute doesn’t answer the question of when the "cause of action accrued," or in plain English, when the "clock" starts running for purposes of calculating the statute of limitations. So, it’s been up to Minnesota courts to weigh in.

Some states follow what’s known as the “discovery rule,” under which the “clock” for the statute of limitations doesn’t start running until patients discover—or reasonably should discover—that they’ve suffered harm as a result of medical negligence. The Minnesota Supreme Court has rejected that approach, holding instead that the four-year time period begins as soon as the alleged medical negligence caused some harm to the patient (not necessarily when the exact nature and extent of the harm can be determined).

So if you suffered injuries as a result of a medical mistake, but you don’t file your lawsuit within four years after that happened, your case will almost certainly be dismissed—even if you weren’t aware that negligence was the cause of your injuries.

Can the Statute of Limitations Be Extended In Minnesota?

Under very limited circumstances, Minnesota suspends the statute of limitations, which effectively extends the four-year deadline for filing a medical malpractice lawsuit. These circumstances include:

• while the health care provider you’re trying to sue (the defendant) is out of state and can’t be found in order to serve that person with the complaint, even after a diligent search
• when the injured patient is legally insane, and
• while the injured patient is a minor (younger than 18 years of age).

In the case of a minor, however, the suspension may not last more than seven years, or more than one year after the child turns 18. (Minn. Stat. §§ 541.13, 541.15 (2022).)

Requirements for Experts in Minnesota Medical Malpractice Cases

In an effort to weed out frivolous medical malpractice lawsuits, a number of states require plaintiffs (those trying to sue) to submit some evidence of malpractice at the outset of their case before being allowed to proceed. In Minnesota, these requirements take the form of two separate affidavits that you must file whenever a medical expert’s testimony will be needed to prove that, more probably than not, your injuries were the result of the defendant health care provider’s negligence.

The Affidavit of Expert Review In Minnesota

Along with the initial complaint, your attorney must file and serve an affidavit stating that the lawyer has reviewed the case with a qualified medical expert, and that the expert believes you were injured as a result of the defendant’s failure to meet the appropriate standard of care when treating you. If it’s not reasonably possible to obtain an expert’s review before the deadline for filing the lawsuit, your lawyer may instead file a signed affidavit with the complaint stating that’s the case; then, you will have 90 days to serve the defendant with the full affidavit of expert review.

Identification of Expert Witness Testimony Requirements In Minnesota

Within 180 days after the start of the discovery process (when the two sides gather evidence from each other), you or your attorney must serve the defendant with another affidavit that (1) identifies each expert you expect to call as a witness, and (2) summarizes the opinions that the experts are expected to offer, along with the reasons for those opinions. Your attorney and each expert must sign this affidavit. (Learn more about discovery and the timeline of a medical malpractice lawsuit.)

Expert testimony is almost always necessary to prove medical malpractice, meaning that you'll almost certainly need to follow these requirements if you file this kind of lawsuit Minnesota. The only exceptions would be in situations where the medical error falls within an area of common knowledge, so that ordinary people could understand and determine whether the defendant provided proper care—or example, when a surgical sponge or other instrument was left in a patient’s body after surgery.

In the vast majority of cases, failure to comply with the affidavit requirements will lead to dismissal of the lawsuit. (Hestbeck v. Hennepin County, 212 N.W.2d 361 (Minn. 1973); Minn. Stat. § 145.682 (2022).)

No Damages Caps In Minnesota Medical Malpractice Cases

Several states set limits on the amount of damages that plaintiffs may receive in medical malpractice cases, particularly on noneconomic damages like pain and suffering. That’s not the case in Minnesota, however. The jury usually determines the amount of damages available in any particular case, although the judge might reduce an award in rare cases.

Minnesota Rules on Shared Fault In Medical Malpractice Cases

What if the jury decides that you were partly to blame for the injuries that you suffered as a result of medical malpractice? This could happen if, for example, negligence during surgery led to medical complications, but those complications were worse because you ignored doctor’s orders about what you should or shouldn’t do after surgery.

Minnesota follows a shared-fault rule known as “modified comparative negligence” in situations like these. This means you'll still be able to collect some damages from a negligent health care provider, as long as your share of the fault for your harm isn't greater than the provider's share (in other words, not more than 50%). But your award will be reduced in proportion to your share of the fault.

So, if the jury finds that you were 10% responsible for your injuries or other losses, you would receive 90% of your total damages. However, if you were more than 50% at fault for your injuries, you wouldn't be able to collect any damages, even if the jury found that the defendant committed malpractice.

Suing Multiple Health Care Providers for Medical Malpractice In Minnesota

If multiple defendants share the fault for your injuries—such as a surgeon, anesthesiologist, and hospital—Minnesota law makes each of them responsible only for a part of your award that’s proportionate to their share of the blame.

However, in certain situations Minnesota uses the “joint and several liability” rule to make one or more defendant legally responsible for the entire award, even if others were partially at fault. This rule would apply, for instance, if one defendant was responsible for more than 50% of the total fault, or if two or more defendants acted together “in a common scheme or plan” that caused your injuries.

Next Steps When You Suspect Medical Malpractice

A medical malpractice case isn't the kind of legal action you want to try handling on your own. These kinds of lawsuits feature complex medical evidence that must be analyzed by experts, and the kinds of strict procedural rules we've discussed here. If you think you might have a malpractice case against a health care provider, your best first step might be discussing your situation with an experienced Minnesota attorney. Learn more about meeting and working with a medical malpractice lawyer.