Medical Malpractice in Minnesota
Statute of Limitations: 4 Years, 5 Years for Minors (beginning after their 18th birthday)
Discovery: 4 Years from Discovery (in some cases)
Liability Rules: Shared Fault/Modified Comparative Negligence
What You Should Know
If a patient is harmed before, during or after any medical treatment, or due to lack of treatment, they may qualify for filing a medical malpractice case. A medical malpractice case may be filed within a given time limit set out by each state. Below we cover a general outline of what you need to know in the case of filing a medical malpractice in the state of Minnesota.
Statute of Limitations
A Statute of Limitations is a deadline or time period in which you have to file a medical malpractice case. In Minnesota, a patient has four years to file a medical malpractice case from the date in which the alleged malpractice occurred. For example, some states allow you to file within a certain number of years of discovering the pain or injury, whereas in Minnesota the time clock begins as soon as the medical slip-up takes place.
Before we get into any of the exceptions of filing a civil claim, let us first cover what must first be established or able to be proven in order to file a claim:
- The physician or health care provider owed the given patient any ‘duty’. For example, further treatment, alternate care, guidance, etc.
- The standard of care for the given illness or ailment failed to be met. Each surgery or treatment has a set of conditions, or standards, that must be met in order to be considered acceptable, or at the most basic level, complete.
- There is a compensable injury. Unfortunately not all injuries are compensable. A worst case scenario for medical malpractice is fatality. However, if there are reconcilable damage to the patient that can be rectified to some degree, that will help in filing a claim.
- Lastly, not only does it have to be proven that the standard of care was breached, but also that it was the cause of harm or damage to the patient. For example, if indeed a doctor did neglect the standard of care for a given treatment, but that was not the cause of harm or injury to the patient, it may not be enough to open a case.
There are some exceptions to the four year statute of limitations. When it comes to minors, or anyone under the age of eighteen, the statute of limitations meets exceptions. If a minor is due to file a medical malpractice case, they have up until their eighteenth birthday, plus one year, for the time-clock to begin running. For example, if a 9 year old is neglected proper care, they have until they are 19 (eighteen, plus one year) for the four-year time limit to begin. In short, a minor has 5 years after the day of their 18th birthday to file a valid medical malpractice lawsuit.
Minnesota in particular has a very precise time clock on when a medical malpractice case may be filed. Without proper attention and support, a medical malpractice case will be very difficult to manage without experienced guidance and knowledge. For medical malpractice cases, it is best to hire a professional attorney. At Buckingham Barrera Law, we offer the highest care and insight. If you find yourself dealing with neglectful physicians or healthcare providers, call us today for a free consultation.
How Can We Help You?
If you or a loved one have been injured in the state of Minnesota, contact us at 432.570.1919 or email us using the form below for your free, no-obligation consultation. The Buckingham Barrera Law Firm has helped thousands of people in multiple states get the compensation they deserve for their injuries.