SF 3489

Introduction - 94th Legislature (2025 - 2026)

Posted on 10/01/2025 02:00 p.m.

A bill for an act
relating to civil actions; decreasing the statute of limitations for medical malpractice
claims; limiting collection of judgment against personal income or assets; limiting
certain damages for medical malpractice claims; amending Minnesota Statutes
2024, section 541.076; proposing coding for new law in Minnesota Statutes, chapter
604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 541.076, is amended to read:

541.076 HEALTH CARE PROVIDER ACTIONS.

(a) For purposes of this section, "health care provider" means a physician, surgeon,
dentist, occupational therapist, other health care professionals as defined in section 145.61,
hospital, or treatment facility.

(b) An action by a patient or former patient against a health care provider alleging
malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be
commenced within deleted text begin four deleted text end new text begin two new text end years from the date the cause of action accrued.

(c) A counterclaim may be pleaded as a defense to any action for services brought by a
health care provider after the limitations described in this section, notwithstanding it is
barred by the provisions of this chapter, if the counterclaim belonged to the party pleading
it at the time it became barred and was not barred at the time the claim sued on originated,
but no judgment on the counterclaim except for costs can be rendered in favor of the party
so pleading it.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to actions
commenced on or after that date.
new text end

Sec. 2.

new text begin [604.111] HEALTH CARE PROVIDER ACTIONS; DAMAGES; PERSONAL
INCOME OR ASSETS; LIMITATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability; definition. new text end

new text begin (a) This section applies to actions brought by
a patient or former patient against a health care provider alleging malpractice, error, mistake,
or failure to cure based on a contract or tort.
new text end

new text begin (b) For purposes of this section, "health care provider" has the meaning given in section
541.076, paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Statements inadmissible. new text end

new text begin Prior to an award of damages, a plaintiff must not
make statements that are made primarily to coerce or induce a settlement and relate to the
provider's personal income or assets. A statement made in violation of this subdivision is
inadmissible in an action against a health care provider.
new text end

new text begin Subd. 3. new text end

new text begin Defendant's personal income or assets. new text end

new text begin A prevailing plaintiff may not collect
on or execute a judgment against a health care provider's personal income or assets unless
the court finds that:
new text end

new text begin (1) the provider's conduct was willful and malicious or intentionally fraudulent; or
new text end

new text begin (2) the provider failed to maintain an insurance policy with a policy limit of at least
$1,000,000.
new text end

new text begin Subd. 4. new text end

new text begin Economic damages. new text end

new text begin (a) The court may award economic damages in an amount
equal to the amount that the plaintiff or third-party insurer, whether public or private, actually
paid for medical expenses related to the injury at issue. If the plaintiff did not have insurance
or pay medical expenses related to the injury at issue, the court may award economic damages
for the amounts the plaintiff actually paid or owes for the medical care resulting from the
loss.
new text end

new text begin (b) The court must not consider evidence of the plaintiff's alleged losses for past medical
expenses or the cost of medical equipment before liability for the alleged losses is established.
new text end

new text begin Subd. 5. new text end

new text begin Noneconomic damages. new text end

new text begin A plaintiff may only recover noneconomic losses to
compensate for pain, suffering, and inconvenience. The amount of damages awarded for
noneconomic loss must not exceed $500,000.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2025, and applies to actions
commenced on or after that date.
new text end