Minnesota medical malpractice laws Archives - Medical Malpractice Lawyers

Minnesota Appellate Court Holds No Claim For Emotional Injury For Destruction Of Sperm Intended For Fertility Treatments

October 21, 2026

A laboratory under contract to preserve sperm for use in a married couple’s medically assisted effort to conceive a child destroyed the sperm before the designated contract termination. The couple sued the laboratory seeking emotional damages for alleged medical malpractice. The district court dis[...]

Minnesota Appellate Court Rules Medical Malpractice Experts’ Differential Diagnosis Methodology Failed To Rule Out Other Causes Of Infant’s Injury

September 2, 2025

Shortly after he was born in May 2013, an echocardiogram revealed that Antonio Ray Seals Jr. (Seals) had a number of medical complications. These included a patent foramen ovale (PFO) with a left to right shunt—a hole in Seals’s heart. Seals also had a congenital diaphragmatic hernia (CDH), whic[...]

Minnesota Appellate Court Affirms Dismissal Of Medical Malpractice Case For Failure To Comply With Expert-Review Affidavit Requirements

March 29, 2025

In a Minnesota medical malpractice action, the plaintiff must serve two affidavits if expert testimony is necessary to prove their claims. Minn. Stat. § 145.682, subd. 2. The first is an affidavit of counsel stating that they reviewed the case with an expert and that, in the expert’s opinion, the[...]

Minnesota Appellate Court Applies Specific Personal Jurisdiction To Keep Medical Malpractice Case In Minnesota Court

February 7, 2025

There are two types of personal jurisdiction: general personal jurisdiction and specific personal jurisdiction. General personal jurisdiction relates to contacts unrelated to the litigation including domicile or continuous and systemic contacts with the forum state. Specific personal jurisdiction fo[...]

Minnesota Appellate Court Affirms Summary Judgment For Hospital In Fall After Giving Birth Malpractice Claim

October 3, 2024

Angie M. Barsness gave birth in a hospital in December 2016. While in labor, she was given an epidural and a bolus for pain relief. A bolus involves administering a larger amount of epidural medication which increases pain relief but can lead to more numbness and less motor control of the legs. Appr[...]

Minnesota Supreme Court Holds Amount Of Proof Of Causation Necessary In Medical Malpractice Cases Is The Same As In Ordinary Negligence Cases

July 19, 2024

Minnesota Medical Malpractice Laws Minnesota Statutes section 145.682 (2022), subdivision 2, establishes requirements “[i]n an action alleging malpractice, error, mistake, or failure to cure . . . against a health care provider” in which “expert testimony is necessary to establish a prima faci[...]

Minnesota Appellate Court Affirms Interventional Radiologist Not Qualified To Testify To Standard Of Care Applicable To Vascular Surgeon

July 6, 2024

The Minnesota Court of Appeals ruled in its nonprecedential decision filed on April 29, 2024 involving a Minnesota medical malpractice case alleging that a vascular surgeon committed medical malpractice in his surgical treatment of the plaintiff’s popliteal artery entrapment syndrome (PAES), i[...]

Minnesota Appellate Court Applies 60-Day Safe Harbor Period To Medical Malpractice Wrongful Death Case

March 30, 2024

In a Minnesota medical malpractice case decided by the Minnesota Court of Appeals on February 16, 2024, the Court held that Minn. Stat. § 573.02, subd. 1 (2022), does not require dismissal of a wrongful-death action based on medical malpractice when the expert-review affidavit is served after the w[...]

Minnesota Appellate Court Affirms $3.1M Medical Malpractice Verdict For Loss Of Eye

June 11, 2019

In its unpublished opinion filed on May 28, 2019, the State of Minnesota Court of Appeals (“Minnesota Appellate Court”) affirmed a Minnesota medical malpractice verdict in favor of a woman who lost her eye allegedly as a result of the failure to adhere to sterile procedures before and du[...]

Minnesota Supreme Court Holds Physician-Patient Relationship Not Necessary For Medical Malpractice Claim

June 9, 2019

The State of Minnesota Supreme Court (“Minnesota Supreme Court”) held in its opinion filed on April 17, 2019 that a physician-patient relationship is not a necessary element of a claim for professional negligence (medical malpractice). A physician owes a duty of care to a third party whe[...]

Minnesota Appellate Court Holds Plaintiff’s Experts Were Unqualified To Render Opinions In Medical Malpractice Case

June 4, 2019

In its unreported opinion filed on May 20, 2019, the State of Minnesota Court of Appeals (“Minnesota Appellate Court”) overturned the jury’s $2.5 million verdict in favor of the plaintiff in her Minnesota medical malpractice case, holding that the plaintiff’s experts were unq[...]

Minnesota Appellate Court Establishes Firm Deadline For Medical Malpractice Expert Reports

May 15, 2018

The Minnesota Court of Appeals held in its opinion filed on April 30, 2018 that under the expert-review statute, Minn. Stat. § 145.682 (2016), plaintiffs must file an affidavit of expert identification in medical malpractice cases within 180 days of the “commencement of discovery.” For [...]

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