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Minn. Stat. § 541.076

HEALTH CARE PROVIDER ACTIONS.

Known as the Uniform Conflict of Laws-Limitations Act

The act spans §§ 541–541 (36 sections).

Applied in 19 court decisions — leading case Gomon v. Northland Family Physicians, Ltd. (2002)

Most recently applied in Jennifer L. DeCook, Respondents/Cross-Appellants v. Olmsted Medical Center, Inc., Brenda J. Hanson, R.N., and Darlene M. Pratt, R.N., Appellants/Cross-Respondents, Kenneth M. Palmer, M.D., Jack F. Perrone, M.D., Kimberly McKeon, M.D., and Ashley Morrow, R.N. (February 2016)

1999 c 23 s 2

How often courts cite this section

20002010201630
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.