1.1 A bill for an act
1.2 relating to civil actions; decreasing the statute of limitations for medical malpractice
1.3 claims; limiting collection of judgment against personal income or assets; limiting
1.4 certain damages for medical malpractice claims; amending Minnesota Statutes
1.5 2024, section 541.076; proposing coding for new law in Minnesota Statutes, chapter
1.6 604.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 541.076, is amended to read:
1.9 541.076 HEALTH CARE PROVIDER ACTIONS.
1.10 (a) For purposes of this section, "health care provider" means a physician, surgeon,
1.11dentist, occupational therapist, other health care professionals as defined in section 145.61,
1.12hospital, or treatment facility.
1.13 (b) An action by a patient or former patient against a health care provider alleging
1.14malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be
1.15commenced within four two years from the date the cause of action accrued.
1.16 (c) A counterclaim may be pleaded as a defense to any action for services brought by a
1.17health care provider after the limitations described in this section, notwithstanding it is
1.18barred by the provisions of this chapter, if the counterclaim belonged to the party pleading
1.19it at the time it became barred and was not barred at the time the claim sued on originated,
1.20but no judgment on the counterclaim except for costs can be rendered in favor of the party
1.21so pleading it.
1.22 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to actions
1.23commenced on or after that date.
1Section 1.
25-05513 as introduced04/24/25 REVISOR VH/ES
SENATE
STATE OF MINNESOTA
S.F. No. 3489NINETY-FOURTH SESSION
(SENATE AUTHORS: SEEBERGER)
OFFICIAL STATUSD-PGDATE
Introduction and first reading05/07/2025
Referred to Judiciary and Public Safety 2.1 Sec. 2. [604.111] HEALTH CARE PROVIDER ACTIONS; DAMAGES; PERSONAL
2.2INCOME OR ASSETS; LIMITATIONS.
2.3 Subdivision 1.Applicability; definition.(a) This section applies to actions brought by
2.4a patient or former patient against a health care provider alleging malpractice, error, mistake,
2.5or failure to cure based on a contract or tort.
2.6 (b) For purposes of this section, "health care provider" has the meaning given in section
2.7541.076, paragraph (a).
2.8 Subd. 2.Statements inadmissible.Prior to an award of damages, a plaintiff must not
2.9make statements that are made primarily to coerce or induce a settlement and relate to the
2.10provider's personal income or assets. A statement made in violation of this subdivision is
2.11inadmissible in an action against a health care provider.
2.12 Subd. 3.Defendant's personal income or assets.A prevailing plaintiff may not collect
2.13on or execute a judgment against a health care provider's personal income or assets unless
2.14the court finds that:
2.15 (1) the provider's conduct was willful and malicious or intentionally fraudulent; or
2.16 (2) the provider failed to maintain an insurance policy with a policy limit of at least
2.17$1,000,000.
2.18 Subd. 4.Economic damages.(a) The court may award economic damages in an amount
2.19equal to the amount that the plaintiff or third-party insurer, whether public or private, actually
2.20paid for medical expenses related to the injury at issue. If the plaintiff did not have insurance
2.21or pay medical expenses related to the injury at issue, the court may award economic damages
2.22for the amounts the plaintiff actually paid or owes for the medical care resulting from the
2.23loss.
2.24 (b) The court must not consider evidence of the plaintiff's alleged losses for past medical
2.25expenses or the cost of medical equipment before liability for the alleged losses is established.
2.26 Subd. 5.Noneconomic damages.A plaintiff may only recover noneconomic losses to
2.27compensate for pain, suffering, and inconvenience. The amount of damages awarded for
2.28noneconomic loss must not exceed $500,000.
2.29 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to actions
2.30commenced on or after that date.
2Sec. 2.
25-05513 as introduced04/24/25 REVISOR VH/ES