Legal Outline
Informal Conferences with Treating Physicians
Defendants in Minnesota personal injury cases do not have the right to meet with a plaintiff’s treating physician. Most HIPAA releases signed by Minnesota personal injury attorneys will allow for the release of medical records from a treating provider but expressly preclude in-person discussions between a defendant’s representative and the patient’s treating doctor. Minn. Stat. […]
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 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 […]
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