Medical malpractice is a serious type of tort that can threaten the life of a vulnerable patient in Minnesota. If you or someone you love has been affected by medical malpractice, it is critical to take legal action without delay. A state law known as the statute of limitations gives you no more than four years from the act of malpractice to file a claim, with some exceptions.
What Is the Statute of Limitations on Medical Malpractice Claims in Minnesota?
Every state has unique statutes of limitations that govern how long individuals have to file civil lawsuits for torts such as negligence and medical malpractice. The purpose of a statute of limitations is to keep the justice system just for all parties involved.
The statute of limitations on a medical malpractice claim under Minnesota Statutes § 541.076 is four years from the date that the cause of action accrues, meaning the date of the negligent or wrongful act. This deadline applies to any civil action brought against a health care provider in Minnesota alleging “malpractice, error, mistake or failure to cure.”
The Importance of Statutes of Limitations
Without a deadline to encourage prompt filing, an injured patient could leave the possibility of a lawsuit hanging over a medical provider’s head indefinitely. Statutes of limitations also encourage timely filing for evidence purposes; over time, evidence such as medical documentation and witness statements may become lost, destroyed or unreliable.
How Long Do I Have to File a Medical Malpractice Lawsuit in Minnesota?
Are There Exceptions to the Rule?
In general, if you wish to pursue a medical malpractice claim in Minnesota, you have four years from the date of the health care provider’s negligent act or omission to initiate the suit. However, exceptions can be granted in rare circumstances, such as:
- The injury was not immediately apparent, such as a case where a surgeon left behind a foreign object in a patient’s body cavity that did not cause noticeable harm until months or years later.
- The malpractice occurred as part of an ongoing course of treatment. In Minnesota, the statute of limitations is tolled or paused until the course of treatment ends. This is to prevent a situation where a patient is suing his or her doctor while still under that doctor’s care.
- The injured patient was under the age of 18. Malpractice cases involving injured minors are given seven years from the date of the medical malpractice or until age 19, whichever comes first, to file.
- The doctor or defendant is out of state or cannot be located. This will pause the statute of limitations until the defendant can be found and served.
If you or a loved one has been hurt by medical malpractice such as a misdiagnosis, delayed diagnosis, medication mistake, surgical error or birth injury, assume that your statute of limitations is four years from the date of the medical error. Do not assume you are an exception unless a medical malpractice attorney in Minneapolis advises otherwise.
What if You Miss Your Deadline to File a Malpractice Lawsuit?
In Minnesota, the courts strictly abide by statutes of limitations. Waiting to contact a medical malpractice lawyer and initiate your claim puts you at risk of missing the statute of limitations and losing the right to hold a health care provider accountable forever.
If you don’t file within your time window, the defendant can use this against you to have the courts dismiss your case. For this reason, you should always act quickly and take prompt legal action if you believe you have grounds to file a medical malpractice claim.