SF 752

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

A bill for an act
relating to civil actions; regulating certain actions
against health care providers; amending Minnesota
Statutes 2004, section 541.076.

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

Section 1.

Minnesota Statutes 2004, 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 four years from the date the cause of action
accrued. new text begin No action against a health care provider for any harm,
injury, or damage that did not either occur concurrently with,
or immediately flow from, the alleged malpractice, error,
mistake, or failure to cure may be commenced more than four
years after the act or omission allegedly giving rise to the
cause of action.
new text end

(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.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective for actions commenced on or after
the day following final enactment.
new text end