Minnesota law

Medical Malpractice Laws in Minnesota.

Minnesota medical malpractice claims are subject to a shorter statute of limitations than general personal injury (4 years vs. 6 years). The state does not cap compensatory damages in medical malpractice cases, but does require an affidavit of expert review before filing suit. Minnesota follows the same comparative fault rules as other personal injury cases.

Last verified: 2025-02-24

State law

Statute of Limitations

4 yearsMinn. Stat. § 541.076

Medical malpractice claims must be filed within 4 years of the date of the negligent act or omission, regardless of when the injury was discovered.

Exceptions

Foreign ObjectsMinn. Stat. § 541.076

If a foreign object was left in the body, the limitation period may be extended under the discovery rule.

Minors — Extended until age 8 or within 4 years of the act, whichever is longerMinn. Stat. § 541.15

For children under 8, the statute is tolled. The claim must be filed by the child's 8th birthday or within 4 years of the act, whichever provides a longer period.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Minn. Stat. § 604.01

The same comparative fault rules apply as in general personal injury. If the patient is 51% or more at fault (rare in medical malpractice), they recover nothing.

State law

Damage Caps

Compensatory Damages: No cap

Minnesota does not cap compensatory damages in medical malpractice cases.

Punitive Damages: No fixed statutory capMinn. Stat. § 549.20

Punitive damages are available with clear and convincing evidence of deliberate disregard. No fixed cap, but must be proportional.

State law

Filing Requirements

Expert Affidavit RequirementMinn. Stat. § 145.682

The plaintiff's attorney must provide an affidavit identifying the expert who reviewed the case and believes there is a reasonable basis for the claim. This must accompany the complaint.

State law

Key Minnesota Statutes

Expert Review RequirementMinn. Stat. § 145.682

Before or at the time of filing, the plaintiff must serve an affidavit of expert review stating the facts of the case were reviewed by a qualified expert who believes the defendant deviated from the standard of care.

Informed ConsentMinn. Stat. § 144.651, subd. 9

Patients have the right to informed consent before treatment. Failure to obtain informed consent can be a basis for a malpractice claim.

State law

Official Sources

Minnesota Revisor of Statutes Minnesota Board of Medical Practice

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Minnesota.

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Medical Malpractice Laws in Minnesota.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key Minnesota Statutes

Official Sources

Not Legal Advice

Browse attorneys for this issue in Minnesota.

County-by-County Medical Malpractice Guides

Other state law topics.