Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3489 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to civil actions; decreasing the statute of limitations for medical malpractice
3	3	1.3 claims; limiting collection of judgment against personal income or assets; limiting
4	4	1.4 certain damages for medical malpractice claims; amending Minnesota Statutes
5	5	1.5 2024, section 541.076; proposing coding for new law in Minnesota Statutes, chapter
6	6	1.6 604.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 541.076, is amended to read:
9	9	1.9 541.076 HEALTH CARE PROVIDER ACTIONS.
10	10	1.10 (a) For purposes of this section, "health care provider" means a physician, surgeon,
11	11	1.11dentist, occupational therapist, other health care professionals as defined in section 145.61,
12	12	1.12hospital, or treatment facility.
13	13	1.13 (b) An action by a patient or former patient against a health care provider alleging
14	14	1.14malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be
15	15	1.15commenced within four two years from the date the cause of action accrued.
16	16	1.16 (c) A counterclaim may be pleaded as a defense to any action for services brought by a
17	17	1.17health care provider after the limitations described in this section, notwithstanding it is
18	18	1.18barred by the provisions of this chapter, if the counterclaim belonged to the party pleading
19	19	1.19it at the time it became barred and was not barred at the time the claim sued on originated,
20	20	1.20but no judgment on the counterclaim except for costs can be rendered in favor of the party
21	21	1.21so pleading it.
22	22	1.22 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to actions
23	23	1.23commenced on or after that date.
24	24	1Section 1.
25	25	25-05513 as introduced04/24/25 REVISOR VH/ES
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 3489NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: SEEBERGER)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading05/07/2025
32	32	Referred to Judiciary and Public Safety 2.1 Sec. 2. [604.111] HEALTH CARE PROVIDER ACTIONS; DAMAGES; PERSONAL
33	33	2.2INCOME OR ASSETS; LIMITATIONS.
34	34	2.3 Subdivision 1.Applicability; definition.(a) This section applies to actions brought by
35	35	2.4a patient or former patient against a health care provider alleging malpractice, error, mistake,
36	36	2.5or failure to cure based on a contract or tort.
37	37	2.6 (b) For purposes of this section, "health care provider" has the meaning given in section
38	38	2.7541.076, paragraph (a).
39	39	2.8 Subd. 2.Statements inadmissible.Prior to an award of damages, a plaintiff must not
40	40	2.9make statements that are made primarily to coerce or induce a settlement and relate to the
41	41	2.10provider's personal income or assets. A statement made in violation of this subdivision is
42	42	2.11inadmissible in an action against a health care provider.
43	43	2.12 Subd. 3.Defendant's personal income or assets.A prevailing plaintiff may not collect
44	44	2.13on or execute a judgment against a health care provider's personal income or assets unless
45	45	2.14the court finds that:
46	46	2.15 (1) the provider's conduct was willful and malicious or intentionally fraudulent; or
47	47	2.16 (2) the provider failed to maintain an insurance policy with a policy limit of at least
48	48	2.17$1,000,000.
49	49	2.18 Subd. 4.Economic damages.(a) The court may award economic damages in an amount
50	50	2.19equal to the amount that the plaintiff or third-party insurer, whether public or private, actually
51	51	2.20paid for medical expenses related to the injury at issue. If the plaintiff did not have insurance
52	52	2.21or pay medical expenses related to the injury at issue, the court may award economic damages
53	53	2.22for the amounts the plaintiff actually paid or owes for the medical care resulting from the
54	54	2.23loss.
55	55	2.24 (b) The court must not consider evidence of the plaintiff's alleged losses for past medical
56	56	2.25expenses or the cost of medical equipment before liability for the alleged losses is established.
57	57	2.26 Subd. 5.Noneconomic damages.A plaintiff may only recover noneconomic losses to
58	58	2.27compensate for pain, suffering, and inconvenience. The amount of damages awarded for
59	59	2.28noneconomic loss must not exceed $500,000.
60	60	2.29 EFFECTIVE DATE.This section is effective August 1, 2025, and applies to actions
61	61	2.30commenced on or after that date.
62	62	2Sec. 2.
63	63	25-05513 as introduced04/24/25 REVISOR VH/ES