HF 2359

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; modifying the limitations 
  1.3             provision governing medical malpractice actions; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 541.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [541.076] [MEDICAL MALPRACTICE ACTIONS.] 
  1.8      A cause of action against a health care provider alleging 
  1.9   malpractice, error, mistake, or failure to cure, whether based 
  1.10  in contract or tort, accrues on the date the patient knew or had 
  1.11  reason to know of the facts upon which the claim is based.  
  1.12     For purposes of this section, "health care provider" means 
  1.13  an individual or entity referred to in section 541.07, clause 
  1.14  (1). 
  1.15     Sec. 2.  [EFFECTIVE DATE.] 
  1.16     Section 1 is effective the day following final enactment 
  1.17  and applies to actions commenced on or after that date.