SF 1438

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:56pm

A bill for an act
relating to civil actions; modifying time limit for bringing health care provider
actions; amending Minnesota Statutes 2020, section 541.076.

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

Section 1.

Minnesota Statutes 2020, 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) deleted text begin An action by deleted text end new text begin Notwithstanding any law to the contrary, new text end a patient or former patient
new text begin may bring an action new text end against a health care provider alleging malpractice, error, mistake, or
failure to cure, whether based on a contract or tort deleted text begin , must be commenced within four years
from the date the cause of action accrued deleted text end .

(c) A counterclaim may be pleaded as a defense to any action for services brought by a
health care provider deleted text begin after the limitations described in this section, deleted text end 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.