Medical malpractice cases in Minnesota: the rules and the lawyers

Personal injury: two-year and six-year periods6 years (negligence); 2 years (intentional torts)

In Minnesota, an action for libel, slander, assault, battery, false imprisonment or other tort resulting in personal injury must be commenced within two years, except where another section (such as § 541.05 or § 541.073) provides otherwise2.

Claims against cities and counties: notice180 days notice

In Minnesota, a person claiming damages from a municipality must present written notice to its governing body within 180 days after the loss or injury is discovered, stating the time, place and circumstances, the employees involved if known, and the relief sought3. Actual notice sufficient to put the governing body or its insurer on notice of a possible claim complies, and time during which the injured person is incapacitated by the injury does not count3.

Claims against the State of Minnesota: notice180 days notice

In Minnesota, a person claiming compensation from the state or a state employee acting within the scope of employment must give notice to the attorney general (for the University of Minnesota, to the attorney the regents designate) and to any state employee from whom compensation is sought, within 180 days after the loss or injury is discovered4.

Medical malpractice4 years

In Minnesota, a patient's action against a health care provider alleging malpractice, error, mistake or failure to cure, whether based in contract or tort, must be commenced within four years from the date the cause of action accrued1.

MinorsTolled during minority

In Minnesota, the limitation period is suspended while the plaintiff is under 18, and, except for infancy, a disability may not extend the period by more than five years, nor in any case by more than one year after the disability ends5.