Health Justice Transformation - Minnesota

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

None

Joint Liability for Multiple Defendants

Yes. The joint and several liability statute was abolished except where persons who are greater than 50% at fault; persons who engage in a conspiracy which results in injury; or persons whose liability is based on an environmental or similar statute.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, within 10 days of the verdict and upon the motion of a party. The court must reduce the award by the amount received from collateral sources, less any amount paid by plaintiff to secure the benefit.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. The court must hold hearing where future damages exceed $100,000 to allow plaintiff to consider if damages should be paid periodically.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Arbitration of medical malpractice claims is not required, but a system of voluntary, nonbinding ADR processes has been established to assist the courts.

Standards for Expert Testimony/Witness

Expert testimony is required to establish prima facia medical malpractice claim, particularly with regard to the alleged deviation from the standard of care by the defendant and the consequences of said deviation.