SF3489 (Legislative Session 94 (2025-2026))

Statue of limitations decrease for medical malpractice claims

AI Generated Summary

Purpose of the Bill

The main aim of this bill is to amend the laws regarding medical malpractice claims in Minnesota. This includes reducing the time period for filing such claims and altering the rules on collection and damages.

Main Provisions

  • Time Limit for Filing Claims: The bill proposes to decrease the statute of limitations for filing a medical malpractice lawsuit from four years to two years. This means that patients or former patients must commence legal action against healthcare providers within two years of when the issue occurred.

  • Definition of Healthcare Provider: It specifies that a healthcare provider can be a physician, surgeon, dentist, occupational therapist, other healthcare professionals, hospitals, or treatment facilities.

  • Counterclaims in Medical Malpractice: The bill outlines that a counterclaim can be used as a defense in a lawsuit for services by a healthcare provider, even if it would typically be barred by the statute of limitations, provided it was not barred at the time the original claim originated. However, judgments on such counterclaims will not include damages beyond costs.

Significant Changes to Existing Law

  • Reduced Statute of Limitations: This significant change involves cutting the time available to file medical malpractice claims in half, aiming to expedite such cases and reduce prolonged litigation periods.

  • Limitation on Collections and Damages: The bill places limitations on the collection of judgments against personal income or assets and caps certain damages, although specific details on these caps are not provided in the excerpt.

Relevant Terms

medical malpractice, statute of limitations, healthcare provider, lawsuit, counterclaim, damages, tort, contract, legal action, healthcare professional, litigation.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
May 07, 2025SenateFloorActionIntroduction and first reading
May 07, 2025SenateFloorActionReferred toJudiciary and Public Safety

Citations

 
[
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "This bill modifies the statute of limitations for medical malpractice claims under section 541.076.",
      "modified": [
        "Decreases the statute of limitations for medical malpractice claims from four years to two years."
      ]
    },
    "citation": "541.076",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee