Legal Outline
A note about expert affidavit caselaw
The substance of 145.682 affidavits has been the subject of a number of appeals, but there are a few procedural issues under Minnesota law that prevent us from truly understanding what these affidavits need to say to be sufficient. First, Minnesota law rarely allows for interlocutory appeals, so the only decisions that give rise to […]
Learn MoreWhen is an expert affidavit required?
An expert disclosure to Minn. Stat. § 145.682 is not required if the negligence can be established through facts within the common knowledge of laypeople. Tousignant v. St. Louis County, 615 N.W.2d 53 (Minn. 2000). But beware: expert testimony “is necessary to support all but the most obvious medical malpractice claims.” Haile v. Sutherland, 598 […]
Learn MoreTiming for Service of Expert Affidavits
A claimant has between 180 and 230 days from the date the complaint is served to serve expert affidavits.
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