Legal Outline
No Discovery Rule
Minnesota does not recognize a discovery rule for medical malpractice. Fabio v. Bellomo, 504 N.W.2d 758 (Minn. 1993). Anybody who says otherwise, including any other legal website, is wrong. In practice, what this means is that the patient’s knowledge of the injury (or even what the patient should reasonably know about the injury) is not […]
Learn MoreMinnesota’s hip-pocket service
In Minnesota, litigation is generally commenced upon service of the summons. Minn.R.Civ.P. 3.01. This is a unique framework and is different from most states and the federal court system that commence lawsuits on filing with the court. Rule 5.04 sets a one-year deadline for the case to be filed with the court or it will […]
Learn MoreStatute of Limitations
The statute of limitations for most medical malpractice claims in Minnesota is four years. Minn. Stat. § 541.076. The most significant issue to keep in mind is that the period is shortened in cases that result in wrongful death and where the negligence related to care provided by a federal healthcare program. For wrongful death […]
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