HF 129

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/16/2020 11:06am

A bill for an act
relating to civil actions; requiring affidavit requirements; preserving causes of
action during peacetime emergency declaration; amending Minnesota Statutes
2018, sections 145.682, subdivision 4; 573.01.

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

Section 1.

Minnesota Statutes 2018, section 145.682, subdivision 4, is amended to read:

Subd. 4.

Identification of experts to be called.

(a) The affidavit required by subdivision
2, clause (2), must be signed by each expert listed in the affidavit and by the plaintiff's
attorney and state the identity of each person whom plaintiff expects to call as an expert
witness at trial to testify with respect to the issues of malpractice or causation, the substance
of the facts and opinions to which the expert is expected to testify, and a summary of the
grounds for each opinion. new text begin If the plaintiff's cause of action in the complaint occurred during
the peacetime emergency declared by the governor in an executive order that relates to
COVID-19, the affidavit shall address the following:
new text end

new text begin (1) whether or not the circumstances surrounding the COVID-19 pandemic, known to
exist at the time of the cause of action, in any way impacted the defendant's conduct;
new text end

new text begin (2) whether the defendant was acting in the defendant's normal scope of practice;
new text end

new text begin (3) whether Executive Order 20-09 issued on March 20, 2020, regarding nonemergency
medical care specifically limited the defendant's ability to provide care;
new text end

new text begin (4) the state of medical knowledge concerning the diagnosis and treatment of COVID-19
at the time of the defendant's conduct in question in the complaint; and
new text end

new text begin (5) whether the shortage or lack of personal protective equipment and other medical
supplies impacted by the COVID-19 pandemic were documented in the medical records in
question.
new text end

Answers to interrogatories that state the information required by this subdivision satisfy the
requirements of this subdivision if they are signed by the plaintiff's attorney and by each
expert listed in the answers to interrogatories and served upon the defendant within 180
days after commencement of discovery under the Rules of Civil Procedure, rule 26.04(a).

(b) The parties or the court for good cause shown, may by agreement, provide for
extensions of the time limits specified in subdivision 2, 3, or this subdivision. Nothing in
this subdivision may be construed to prevent either party from calling additional expert
witnesses or substituting other expert witnesses.

(c) In any action alleging medical malpractice, all expert interrogatory answers must be
signed by the attorney for the party responding to the interrogatory and by each expert listed
in the answers. The court shall include in a scheduling order a deadline prior to the close
of discovery for all parties to answer expert interrogatories for all experts to be called at
trial. No additional experts may be called by any party without agreement of the parties or
by leave of the court for good cause shown.

Sec. 2.

Minnesota Statutes 2018, section 573.01, is amended to read:

573.01 SURVIVAL OF CAUSES.

new text begin (a) new text end A cause of action arising out of an injury to the person dies with the person of the
party in whose favor it exists, except as provided in section 573.02. All other causes of
action by one against another, whether arising on contract or not, survive to the personal
representatives of the former and against those of the latter.

new text begin (b) Notwithstanding the limitations in section 573.02, a cause of action pending,
commenced, or accrued during the peacetime emergency declared by the governor in an
executive order that relates to COVID-19 shall survive to the personal representative of the
decedent for all special and general damages sustained. This provision shall not apply to
causes of actions that accrue after the expiration of the peacetime emergency.
new text end