HF 1051

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; regulating certifications 
  1.3             of expert reviews in medical malpractice actions; 
  1.4             amending Minnesota Statutes 2000, section 145.682, 
  1.5             subdivision 6. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 145.682, 
  1.8   subdivision 6, is amended to read: 
  1.9      Subd. 6.  [PENALTY FOR NONCOMPLIANCE.] (a) Failure to 
  1.10  comply with subdivision 2, clause (1), within 60 days after 
  1.11  demand for the affidavit results, upon motion, in mandatory 
  1.12  dismissal with prejudice of each cause of action as to which 
  1.13  expert testimony is necessary to establish a prima facie case.  
  1.14     (b) Failure to comply with subdivision 2, clause (2), and 
  1.15  subdivision 4 results, upon motion, in mandatory dismissal with 
  1.16  prejudice of each cause of action as to which expert testimony 
  1.17  is necessary to establish a prima facie case. 
  1.18     (c) Failure to comply with subdivision 4 results, upon 
  1.19  motion, in mandatory dismissal with prejudice of each action as 
  1.20  to which expert testimony is necessary to establish a prima 
  1.21  facie case, provided that an initial motion to dismiss an action 
  1.22  under this paragraph based upon claimed deficiencies of the 
  1.23  affidavit or answers to interrogatories shall not be granted 
  1.24  unless, after notice by the court, the nonmoving party is given 
  1.25  60 days to satisfy the disclosure requirements in subdivision 
  2.1   4.  In providing its notice, the court shall issue specific 
  2.2   findings as to the deficiencies of the affidavit or answers to 
  2.3   interrogatories. 
  2.4      Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.5      Section 1 is effective August 1, 2001, and applies to 
  2.6   causes of action arising from incidents occurring on or after 
  2.7   that date.