MN · Health & Medical

Health & Medical in Minnesota

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Minnesota Law

Minnesota Statutes Section 541.07(1)

Minnesota requires medical malpractice claims to be filed within two years of the discovery of the injury under Minn. Stat. § 541.07(1), with a four-year absolute repose period under § 541.076.

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Procedural Details in Minnesota

Minnesota requires an expert review of the claim before a malpractice lawsuit is filed under Minn. Stat. § 145.682. The plaintiff's attorney must certify that the case has been reviewed by a qualified expert who believes the defendant deviated from the standard of care. Disclosure of expert identity and opinion is required within 180 days of filing. Minnesota does not cap non-economic damages in medical malpractice cases. Minnesota applies modified comparative fault (51% bar). The Minnesota Board of Medical Practice investigates physician complaints.

Minnesota Agencies & Resources

Minnesota Board of Medical Practice

Licenses and disciplines physicians in Minnesota; investigates complaints about professional conduct.

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Minnesota Department of Health

Oversees hospital licensing, patient safety, and health facility inspections in Minnesota.

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Minnesota Department of Commerce — Insurance

Regulates health insurance and handles consumer complaints in Minnesota.

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Frequently Asked Questions

What is the statute of limitations for medical malpractice in Minnesota?

Minnesota Stat. § 541.07(1) provides a two-year statute of limitations from discovery of the injury, with a four-year absolute repose period under § 541.076. An expert review affidavit must be filed with the complaint and expert identity disclosed within 180 days under § 145.682.

Does Minnesota require an expert affidavit in malpractice cases?

Yes. Minnesota Stat. § 145.682 requires the plaintiff's attorney to certify at filing that a qualified expert has reviewed the case and determined there is a viable malpractice claim. Expert identity and the substance of the opinion must be disclosed within 180 days. Failure to comply may result in dismissal.

Does Minnesota cap non-economic damages in malpractice cases?

Minnesota does not have a statutory cap on non-economic damages in medical malpractice cases. Juries determine appropriate compensation for pain, suffering, disability, and disfigurement. Economic damages like medical bills and lost wages are also uncapped.

How do I file a complaint against a doctor in Minnesota?

Complaints against physicians may be submitted to the Minnesota Board of Medical Practice online at mn.gov/boards/medical-practice. The Board investigates and may reprimand, restrict, suspend, or revoke a physician's license. Board proceedings do not compensate patients and do not toll the civil SOL.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026