Minnesota Medical Malpractice

Legal Outline

Opinions During Deposition

Minnesota does not recognize a privilege for expert opinions. A defendant physician may be asked for his or her expert medical opinions during discovery and at deposition. Anderson v. Florence, 181 N.W.2d 873 (Minn. 1970). The courts in Minnesota have long held that “no witness can refuse to answer a question on the ground that his answer will be what is known as expert evidence; and this, whether he has been summoned or paid as an expert or not.’ Id. at 877, citing State v. Teipner, 32 N.W. 678, 679 (Minn. 1887)

Other states recognize this type of privilege, see e.g. Burnet v. Alt, 589 N.W.2d 21 (Wis. 1999), but arguments along those lines to obstruct discovery in Minnesota have no merit.