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Statute of Limitations

Claims against health care providers, regardless of the injury or the basis of the cause of action, must be brought within two years from the date the cause of action

Comparative or contributory negligence

Modifield comparative negligence wherby a claimant's action is barred if his fault exceeds the combined fault of all defendants. Otherwise, the claimant's recovery is diminished in proportion to his degree of fault

Nature of accused's liability

Minnesota has a modified form of joint and several liability, a person whose fault is 15% or less is liable for a percentage no greater than four times his percentage of fault. If the fault of the state or a municipality is less than 35%, it is liable for no more than twice its percentage of fault. If one of the defendants is uncollectible, the court will, on motion made within one year, reallocate his share to the others

Law of contribution

Contribution is in proportion to percentage of fault

Expert testimony standards

expert testimony necessary when these issues are not within the common knowledge of laymen

Limits on compensation

none

Limits on attorney fees

none

Collateral Source rule enforced

The court must reduce the award of damages by the amount of any collateral benefits, offset by payments made by plaintiff or his family to secure those benefits

State and local health care providers immune from liabaility

The state has waived immunity from liability for acts conducted by state employees acting within the scope of their employment. The state is immune from liability when the loss is based on the usual care and treatment, or lack of care and treatment, of a patient at a state hospital where reasonable use of available appropriations was used to provide for the patient's care.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability