SF 936

1st Engrossment - 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             clarifying a reference to the medical malpractice 
  1.5             statute of limitations; amending Minnesota Statutes 
  1.6             2000, sections 145.682, subdivision 6; 573.02, 
  1.7             subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 145.682, 
  1.10  subdivision 6, is amended to read: 
  1.11     Subd. 6.  [PENALTY FOR NONCOMPLIANCE.] (a) Failure to 
  1.12  comply with subdivision 2, clause (1), within 60 days after 
  1.13  demand for the affidavit results, upon motion, in mandatory 
  1.14  dismissal with prejudice of each cause of action as to which 
  1.15  expert testimony is necessary to establish a prima facie case.  
  1.16     (b) Failure to comply with subdivision 2, clause (2), and 
  1.17  subdivision 4 results, upon motion, in mandatory dismissal with 
  1.18  prejudice of each cause of action as to which expert testimony 
  1.19  is necessary to establish a prima facie case. 
  1.20     (c) Failure to comply with subdivision 4 because of 
  1.21  deficiencies in the affidavit or answers to interrogatories 
  1.22  results, upon motion, in mandatory dismissal with prejudice of 
  1.23  each action as to which expert testimony is necessary to 
  1.24  establish a prima facie case, provided that:  
  1.25     (1) the motion to dismiss the action identifies the claimed 
  1.26  deficiencies in the affidavit or answers to interrogatories; 
  2.1      (2) the time for hearing the motion is at least 45 days 
  2.2   from the date of service of the motion; and 
  2.3      (3) before the hearing on the motion, the plaintiff does 
  2.4   not serve upon the defendant an amended affidavit or answers to 
  2.5   interrogatories that correct the claimed deficiencies.  
  2.6      Sec. 2.  Minnesota Statutes 2000, section 573.02, 
  2.7   subdivision 1, is amended to read: 
  2.8      Subdivision 1.  When death is caused by the wrongful act or 
  2.9   omission of any person or corporation, the trustee appointed as 
  2.10  provided in subdivision 3 may maintain an action therefor if the 
  2.11  decedent might have maintained an action, had the decedent 
  2.12  lived, for an injury caused by the wrongful act or omission.  An 
  2.13  action to recover damages for a death caused by the alleged 
  2.14  professional negligence of a physician, surgeon, dentist, 
  2.15  hospital or sanitarium, or an employee of a physician, surgeon, 
  2.16  dentist, hospital or sanitarium shall be commenced within the 
  2.17  time set forth in section 541.07, subdivision 1 three years of 
  2.18  the date of death, but in no event shall be commenced beyond the 
  2.19  time set forth in section 541.076.  An action to recover damages 
  2.20  for a death caused by an intentional act constituting murder may 
  2.21  be commenced at any time after the death of the decedent.  Any 
  2.22  other action under this section may be commenced within three 
  2.23  years after the date of death provided that the action must be 
  2.24  commenced within six years after the act or omission.  The 
  2.25  recovery in the action is the amount the jury deems fair and 
  2.26  just in reference to the pecuniary loss resulting from the 
  2.27  death, and shall be for the exclusive benefit of the surviving 
  2.28  spouse and next of kin, proportionate to the pecuniary loss 
  2.29  severally suffered by the death.  The court then determines the 
  2.30  proportionate pecuniary loss of the persons entitled to the 
  2.31  recovery and orders distribution accordingly.  Funeral expenses 
  2.32  and any demand for the support of the decedent allowed by the 
  2.33  court having jurisdiction of the action, are first deducted and 
  2.34  paid.  Punitive damages may be awarded as provided in section 
  2.35  549.20.  
  2.36     If an action for the injury was commenced by the decedent 
  3.1   and not finally determined while living, it may be continued by 
  3.2   the trustee for recovery of damages for the exclusive benefit of 
  3.3   the surviving spouse and next of kin, proportionate to the 
  3.4   pecuniary loss severally suffered by the death.  The court on 
  3.5   motion shall make an order allowing the continuance and 
  3.6   directing pleadings to be made and issues framed as in actions 
  3.7   begun under this section. 
  3.8      Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
  3.9      Sections 1 and 2 are effective August 1, 2001, and apply to 
  3.10  causes of action arising from incidents occurring on or after 
  3.11  that date.