State: Minnesota

Link to State Law: Minnesota Statutes

The following information is mean to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Minnesota state law, contact an experienced attorney.

Statute of Limitations: Medical malpractice actions must be commenced within four years of the date of the act or omission giving rise to the injury under Minnesota law. If a minor is injured because of medical malpractice, a lawsuit must be filed within one year of the minor's eighteenth birthday, but not more than seven years after the date of injury.

Minimum Qualifications of Expert Witnesses: Minnesota does not have any special restrictions regarding expert witnesses in malpractice cases.

Limitations on Monetary Damages: Awards of damages for loss of consortium, emotional distress, or embarrassment are limited to $400,000.00 in a medical malpractice case. If the defendant is shown to have displayed a willful disregard for the plaintiff's safety, punitive damages may be awarded.

Limitations on Attorney Fees: Contingent fees in Minnesota medical liability cases are based on the award after adjustment for collateral source benefits.