Minnesota Medical Malpractice Laws

The statute of limitations is four years from the date that the cause of action accrues., with exceptions and provisions for claimants under disability, such as for minors. There is modified joint and several liability – defendants are jointly liable if a defendant is determined to be greater than 50% at fault, two or more persons acted in a common scheme or plan that results in injury, or the person committed an intentional tort. Attorney fees must be adjusted based upon the collateral source rule. Periodic payments can be chosen by the claimant after an evidentiary hearing if future damages awarded exceed $100,000. An affidavit by a qualified expert must be filed attesting to the deviation(s) from the standard of care by the defendant and that the deviation(s) was the proximate cause of the claimant’s injury.

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