Legal Outline
When 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 MoreExpert discovery
Litigation in Minnesota state courts does not typically involve expert depositions. Minn.R.Civ.P 26.02(e). Expert opinions are disclosed in written form absent a motion and order from the court. Id.
Learn MoreOpinions 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 […]
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 […]
Learn MoreExpert Qualification Requirements
In Minnesota, an expert witness does not need any particular medical degree or board-certification in any particular practice area in order to testify. The test is whether the expert has “occupational experience.” Cornfeldt v. Tongen, 262 N.W.2d 684 (Minn. 1977), citing Swanson v. Chatterton, 160 N.W.2d 662, 667 (Minn. 1968). In medical malpractice cases, the […]
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.
Learn MoreUniform Interrogatories
One of the odder procedural twists is that Minnesota has standard interrogatories in medical malpractice cases. Minn. Stat. § 604.11. This limitation goes both ways and applies to both plaintiffs and defendants. Id. For plaintiffs seeking information from medical defendants, Minnesota allows the service of 27 standard interrogatories and ten additional nonuniform interrogatories. Going the […]
Learn MoreApparent Authority
The Minnesota Supreme Court held in Popovich v. Allina, 946 N.W.2d 885 (Minn. 2020) that a hospital may be liable for the negligence of the members of its staff under the doctrine of apparent authority. Earlier decisions by Minnesota’s intermediate court of appeals had incorrectly indicated otherwise and many malpractice cases arising out of apparent […]
Learn MoreLoss of Chance Claims
Minnesota recognizes claims for “loss of chance.” Dickhoff ex rel. Dickhoff v. Green, 836 N.W.2d 321 (Minn. 2013). What is a loss-of-chance claim? A loss of a chance is a form of damage in a medical negligence claim where the patient suffers a decreased likelihood of a positive outcome due to some negligent action by […]
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