Minnesota Medical Malpractice Laws

If a foreign object was left in the body, the limitation period may be extended under the discovery rule.

For children under 8, the statute is tolled. The claim must be filed by the child's 8th birthday or within 4 years of the act, whichever provides a longer period.

Minnesota does not cap compensatory damages in medical malpractice cases.

Punitive damages are available with clear and convincing evidence of deliberate disregard. No fixed cap, but must be proportional.

The plaintiff's attorney must provide an affidavit identifying the expert who reviewed the case and believes there is a reasonable basis for the claim. This must accompany the complaint.

Before or at the time of filing, the plaintiff must serve an affidavit of expert review stating the facts of the case were reviewed by a qualified expert who believes the defendant deviated from the standard of care.

Patients have the right to informed consent before treatment. Failure to obtain informed consent can be a basis for a malpractice claim.