SF 638

as introduced - 93rd Legislature (2023 - 2024) Posted on 01/26/2023 08:48am

A bill for an act
relating to civil actions; modifying time limit for bringing health care provider
actions; amending Minnesota Statutes 2022, section 541.076.

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

Section 1.

Minnesota Statutes 2022, 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 For purposes of
this paragraph, the cause of action shall not accrue until discovery of the alleged violation
by the patient, former patient, or a parent or legal guardian of the patient or former patient.
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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to a cause
of action accruing on or after that date.
new text end