language to be deleted (2) new language
CHAPTER 23-H.F.No. 56 An act relating to civil actions; modifying the limitations provision governing health provider actions; amending Minnesota Statutes 1998, section 541.07; proposing coding for new law in Minnesota Statutes, chapter 541. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1998, section 541.07, is amended to read: 541.07 [TWO- OR THREE-YEAR LIMITATIONS.] Except where the Uniform Commercial Code, this section, section 148A.06,
or section541.073, or 541.076 otherwise prescribes, the following actions shall be commenced within two years: (1) for libel, slander, assault, battery, false imprisonment, or other tort, resulting in personal injury, and all actions against physicians, surgeons, dentists, occupational therapists, other health care professionals as defined in section 145.61, andveterinarians as defined in chapter 156, hospitals, sanitariums,for malpractice, error, mistake or failure to cure, whether based on contract or tort; provided a counterclaim may be pleaded as a defense to any action for services brought by a physician, surgeon, dentist, occupational therapists, or other health care professional orveterinarian , hospital or sanitarium,after the limitations herein described notwithstanding it is barred by the provisions of this chapter,period if it was the property of 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 thereof except for costs can be rendered in favor of the party so pleading it; (2) upon a statute for a penalty or forfeiture, except as provided in sections 541.074 and 541.075; (3) for damages caused by a dam, other than a dam used for commercial purposes; but as against one holding under the preemption or homestead laws, the limitations shall not begin to run until a patent has been issued for the land so damaged; (4) against a master for breach of an indenture of apprenticeship; the limitation runs from the expiration of the term of service; (5) for the recovery of wages or overtime or damages, fees or penalties accruing under any federal or state law respecting the payment of wages or overtime or damages, fees or penalties except, that if the employer fails to submit payroll records by a specified date upon request of the department of labor and industry or if the nonpayment is willful and not the result of mistake or inadvertence, the limitation is three years. (The term "wages" means all remuneration for services or employment, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, where the relationship of master and servant exists and the term "damages" means single, double, or treble damages, accorded by any statutory cause of action whatsoever and whether or not the relationship of master and servant exists); (6) for damages caused by the establishment of a street or highway grade or a change in the originally established grade; (7) against the person who applies the pesticide for injury or damage to property resulting from the application, but not the manufacture or sale, of a pesticide. Sec. 2. [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. (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. 3. [EFFECTIVE DATE; APPLICATION.] Section 2 is effective August 1, 1999, and applies to actions commenced on or after that date. Presented to the governor March 23, 1999 Signed by the governor March 26, 1999, 1:41 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes