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MN HF4367

Bill

Status

Introduced

3/11/2020

Primary Sponsor

Brian Daniels

Click for details

Origin

House of Representatives

91st Legislature 2019-2020

AI Summary

  • Amends Minnesota Statutes section 541.076 to modify the statute of limitations for health care malpractice actions brought by patients against health care providers.

  • Actions alleging malpractice, error, mistake, or failure to cure must be commenced within four years from when the cause of action accrues, with accrual determined by discovery of the alleged violation by the patient, former patient, or parent/legal guardian.

  • Defines "health care provider" to include physicians, surgeons, dentists, occupational therapists, other health care professionals as defined in section 145.61, hospitals, and treatment facilities.

  • Allows health care providers to plead counterclaims as a defense to service actions even if barred by limitations period, but limits judgment on counterclaims to costs only.

  • Effective August 1, 2020, and applies to causes of action accruing on or after that date.

Legislative Description

Health care provider action time limit for bringing action modified.

Last Action

Introduction and first reading, referred to Judiciary Finance and Civil Law Division

3/11/2020

Committee Referrals

Judiciary Finance and Civil Law3/11/2020

Full Bill Text

No bill text available