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MN HF129
Bill
Status
6/16/2020
Primary Sponsor
John Lesch
Click for details
AI Summary
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Requires medical malpractice affidavits to address five specific COVID-19 pandemic factors when the cause of action occurred during the governor's COVID-19 peacetime emergency declaration, including impact on defendant's conduct, normal scope of practice, Executive Order 20-09 limitations, state of medical knowledge, and documented shortages of protective equipment and supplies.
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Allows answers to interrogatories to satisfy affidavit requirements if signed by the plaintiff's attorney and each expert and served within 180 days after commencement of discovery.
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Permits parties or courts to extend time limits for expert affidavits and expert interrogatory deadlines by agreement or for good cause shown.
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Preserves causes of action for personal injury or death that are pending, commenced, or accrued during the COVID-19 peacetime emergency to allow recovery of special and general damages by the decedent's personal representative, notwithstanding normal survival of causes limitations.
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Limits the COVID-19 preservation provision to causes of action that accrue before expiration of the peacetime emergency declaration.
Legislative Description
Affidavit requirements required, and peacetime emergency declaration causes of action preserved.
Last Action
Introduction and first reading, referred to Judiciary Finance and Civil Law Division
6/16/2020