A Minnesota medical malpractice case can be a little more complicated than other kinds of injury-related legal claims (such as those filed after a slip and fall, for example).
For one thing, there's the inherent complexity of the overlap between medical and legal issues in these kinds of lawsuits. There's also the special procedural safeguards that have been put in place, as part of tort reform efforts, to deter the filing of claims that don't have a valid legal basis—or are downright frivolous.
Anyone filing a Minnesota medical malpractice lawsuit in the state needs to be familiar with these procedural rules. We'll spotlight a few of them in this article, so you can make sure your medical malpractice claim is successful.
The "Affidavit of Expert Review" Requirement in Minnesota Medical Malpractice Cases
Perhaps the biggest hurdle facing a potential medical malpractice plaintiff in Minnesota can be found at Minnesota Statutes section 145.682, which lays out the "Affidavit of Expert Review" requirement for these kinds of lawsuits.
This law says that, in any lawsuit "alleging malpractice, error, mistake, or failure to cure...against a health care provider" in which a medical expert's testimony will be required (which means most medical malpractice lawsuits), the plaintiff (usually through his or her attorney) must file an affidavit stating that:
- the plaintiff's attorney has reviewed the facts of the case with a qualified expert, and
- in the expert's opinion, one or more of the defendant health care providers deviated from the applicable "medical standard of care," and that provision of substandard care caused injury to the plaintiff. (Learn more about how to prove medical malpractice.)
Generally, this affidavit must be filed right at the outset of the lawsuit, along with the initial complaint (that's the document that lays out the plaintiff's claims against the health care provider). In the alternative, however, the initial affidavit may state that the plaintiff could not reasonably obtain the expert consultation and still meet the filing deadline under Minnesota's statute of limitations for medical malpractice lawsuits. In that case, the attorney would have to file the Affidavit of Expert Review within 90 days after serving the summons and complaint on the defendant health care provider(s). (Learn more about serving the defendant in an injury-related lawsuit.)
The "Identification of Experts" Affidavit In a Minnesota Medical Malpractice Case
Minnesota Statutes section 145.682 also lays out a second requirement: The plaintiff must serve on the defendant an affidavit that states:
- the identity of each medical expert the plaintiff expects to call as an expert witness at trial to testify about the issues or cause of the alleged malpractice
- the "substance of the facts and opinions" in each expert's expected testimony, and
- a summary of the basis for each of the expert's opinions.
This affidavit must be signed by each listed expert and served on the defendant(s) within 180 days of the beginning of "discovery," a process that starts close to the beginning of the lawsuit, when the parties:
- exchange information related to the case, through document requests and interrogatories, and
- give on-the-record testimony via depositions.
Consequences of Failing to Meet Minnesota's Medical Malpractice Affidavit Requirements
If you think you have a medical malpractice case in Minnesota, but you don't comply with both of the state's affidavit requirements discussed above, the defendant will probably file a motion asking to have your lawsuit thrown out. When that happens, the judge must dismiss your lawsuit "with prejudice," meaning that you won't get a chance to fix the problem—and your case will essentially be over.
If you have questions about complying with any of the procedural requirements for filing a medical malpractice lawsuit in Minnesota, an experienced medical malpractice attorney will have the answers.