Minnesota (MN) Medical Malpractice Laws

Everything you need to know about filing a medical malpractice claim in Minnesota.

Damage Cap

No cap on damages

Statute of Limitations

4 years from the date of the act or omission

Discovery Rule

Minnesota applies a limited discovery rule — the statute generally begins from the date of the act, but may be tolled if the injury could not reasonably have been discovered.

Pre-Filing Requirements

Plaintiffs must serve an affidavit of expert review identifying the experts consulted and their opinions.

Average Settlement

$200,000 - $475,000

Average Verdict

$350,000 - $1,200,000

Key Facts About Minnesota Medical Malpractice Law

  • 1Minnesota requires an expert review affidavit identifying each expert the plaintiff consulted and summarizing their opinions.
  • 2The state follows a modified comparative fault system with a 51% bar.
  • 3Minnesota allows up to 4 years from the act to file, one of the longer statutes of limitations.
  • 4Punitive damages require clear and convincing evidence that the defendant acted with deliberate disregard for the rights or safety of others.

Need Help with a Minnesota Medical Malpractice Case?

If you believe you have a medical malpractice claim in Minnesota, it is important to act quickly. The statute of limitations in Minnesota is 4 years from the date of the act or omission. Most medical malpractice attorneys offer free initial consultations.