How Long Do I Have to Commence a Minnesota Medical Malpractice Lawsuit?

Victims of Medical Malpractice in St. Paul, Minneapolis, or Anywhere in Minnesota Have 4 Years After the Medical Malpractice to Seek Compensation

Medical malpractice is a type of civil claim, known as a “tort,” made against one person or entity by an injured victim or victims.  In Minnesota, like every other state in the United States, there is a time limit on every civil claim.  These time limits are known as statute of limitations periods.  They are very important to comply with, because if you attempt to commence a claim outside of the statute of limitations your claim could be automatically denied as “untimely” and barred by the statute of limitations.

 

What is the Statute of Limitations in Minnesota for Medical Malpractice?

Every state has a different statute of limitations period, or time limit, on medical malpractice claims.  It is important to learn your state’s laws to protect your rights.

 

Under Minnesota Statute s 541.076 (b), “[a]n action by a patient or former patient against a health care provider alleging malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be commenced within four years from the date of the cause of action accrued.”  This is the general rule, but there are always exceptions and nuances including when municipal entities or the federal government or governmental agency are at fault or the medical mistrake results in the death of the patient.  As such, you should always immediately contact a medical malpractice lawyer to learn more as there could be circumstances that shorten or lengthen the statute of limitations period.

 

When Does the Statute of Limitations for a Minnesota Medical Malpractice Claim Begin?

Every state may be a little different, but in Minnesota the medical malpractice statute of limitations begins to run when the claim “accrues.”  A claim accrues on the date that the negligent act or omission occurs.  This means on the date that the healthcare provider either caused your injuries by acting in a negligent manner, or by not acting when the healthcare provider should have acted (an omission).

 

There are some exceptions to when the statute of limitations begins to run.  The most applicable exception in a medical malpractice context is called an “infancy” suspension, which is common in birth injury cases.  Under Minnesota Statute s 541.15 (b), when a minor is injured due to medical malpractice, errors, mistakes, or a failure to cure, the statute of limitations will remain suspended and shall not until the victim becomes 18 years old or for 7 years total, whichever is shorter.  Again, this is a topic that should be discussed with a medical malpractice attorney as there could be other limitations that could apply as well and the law can always change.

 

Minnesota Medical Malpractice Cases Must be Commenced Within the Statute of Limitations

The statute of limitations is a necessary component of your medical malpractice case.  If you fail to commence within the statute of limitations, your claim may be procedurally barred.  Our Minnesota medical malpractice lawyer handles cases through the state, including Minneapolis, St. Paul, Rochester, Duluth, and many other cities.  If you believe you may have been a victim of medical malpractice, call (612) 444-3374 to learn what your rights to compensation may be and to schedule your free appointment.  You may also contact us using our easy and convenient “contact us” box at the bottom of our website.  If we accept your case, we will conduct a thorough review of your case and advise you whether there may have been a serious medical mistake causing your injury.   There is no risk, and you do not owe us money unless we win your case.

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