Implement a Discovery Rule for Medical Malpractice

 

The purpose of this act is to ensure patients have a fair and reasonable amount of time to recognize and respond to

injuries caused by medical malpractice. Many examples of medical malpractice, such as delayed diagnoses, surgical

errors, or slow-developing conditions like cancer, are sometimes not noticeable within the current four-year limit. As a

result, some patients lose their right to seek justice before they even realize malpractice has occurred. Adding a

discovery clause, which will allow up to two additional years from the date of discovery to file a medical malpractice

claim, creates a more realistic and fair justice system that reflects how medical injuries develop over time. This

change helps protect patients while still giving healthcare providers a clear and limited time frame for liability.

 

Minnesota’s current four-year statute of limitations for medical malpractice cases does not give all patients a fair

chance to recognize and respond to injuries caused by medical errors. Many forms of malpractice, such as missed

diagnoses, delayed diagnoses, surgical complications, or slow developing conditions, do not become immediately

noticeable until several years after the mistake occurs. Because of this, some patients lose their right to file a claim

before they knew they were harmed. Adding a discovery clause is necessary, since it will protect patients whose injuries

could not reasonably have been found earlier. Together, this change will make Minnesota’s law more fair,

patient-centered, and aligned with how medical injuries actually appear over time, while still keeping a clear and

limited time frame for health care providers.

Furthermore, other states provide precedence for this approach. For example, California allows patients to file

malpractice claims up to one year after discovering the injury, even if the standard statute of limitations has passed.

New York permits claims to be filed within 2.5 years of discovery, up to a maximum of seven years from the incident.

These examples show that discovery rules are widely accepted practices that balance patient rights with provider

protections. Implementing a similar system in Minnesota aligns the state with best practices and ensures that patients

have a fair opportunity to seek justice while maintaining clear limits on liability for healthcare providers.

 

- Medical malpractice is when a health care provider fails to meet the accepted standard of care, with this failure

resulting in harm to the patient. This can include surgical errors, medication mistakes, failure to diagnose, injuries

to a mother or newborn during childbirth, and delayed diagnosis.

- “Health care provider” means a physician, surgeon, dentist, occupational therapist, other health care professionals as

defined in section 145.61, hospital, or treatment facility. This is also stated in section 541.076.

- The discovery rule allows the statute of limitations to begin when the injured patient first discovers, or reasonably

should have discovered, that they were harmed by another’s actions, rather than the date the malpractice actually

occurred. Under this rule, patients are allowed up to two additional years from the date of discovery to file a medical

malpractice claim, even if the original statute of limitations has passed.

- Statute of limitations is the legal period of time in which a patient must file a lawsuit after injury occurs.

- A patient is a person receiving care from a health care provider. For this act, only adults (18 and older) are

included.

 

 

No funding required.

 

This bill does not create any new penalties. Instead, it changes the legal time frame within which a patient may file a

medical malpractice lawsuit. Health care providers who commit malpractice may still be held liable under existing civil

laws, but claims can now be filed within two years of discovery if the injury was not immediately noticeable. All other

laws regarding damages, compensation, and professional liability remain in effect.

 

Effective upon passage.