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
- Introduction PDF file
Actions
Date | Chamber | Where | Type | Name | Committee Name |
---|---|---|---|---|---|
May 07, 2025 | Senate | Floor | Action | Introduction and first reading | |
May 07, 2025 | Senate | Floor | Action | Referred to | Judiciary 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": "" } ]