HF 1464

5th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; providing liability limits for certain nongovernment
licensees and medical directors; regulating expert review in malpractice actions
against health care providers; amending Minnesota Statutes 2004, section
145.682, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 144E.

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

Section 1.

new text begin [144E.20] LIABILITY LIMITS OF NONGOVERNMENT LICENSEES
AND MEDICAL DIRECTORS.
new text end

new text begin (a) A licensee that is not a unit of government is subject to the same liability limits
under chapter 466 as a licensee that is a unit of government. new text end

new text begin (b) The medical director of a licensed ambulance service and the medical director's
designee are subject to the same liability limits under chapter 466 as a licensee that is a
unit of government.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2006,
and applies to claims arising from incidents occurring on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 145.682, subdivision 3, is amended to read:

Subd. 3.

Affidavit of expert review.

The affidavit required by subdivision 2, clause
(1), must be by the plaintiff's attorney and state that:

(a) the facts of the case have been reviewed by the plaintiff's attorney with an expert
deleted text begin whose qualifications provide a reasonable expectation that the expert's opinions could
be admissible at trial deleted text end new text begin who is board certified if board certification is available to that
particular specialty and currently practicing in the specialty or specialty areas of practice
from which the applicable standard of care arises new text end and that, in the opinion of this expert,
one or more defendants deviated from the applicable standard of care and by that action
caused injury to the plaintiff; or

(b) the expert review required by paragraph (a) could not reasonably be obtained
before the action was commenced because of the applicable statute of limitations. If
an affidavit is executed pursuant to this paragraph, the affidavit in paragraph (a) must
be served on defendant or the defendant's counsel within 90 days after service of the
summons and complaint.