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How long do I have to bring a claim?
A: For medical negligence that occurs in the state you have four years from the date of the negligent act that caused harm within which to actually start a lawsuit or your claim will be forever barred. Important: This means from the date of the negligent act and not that date on which you discover the act was negligent! There are three critical things to be aware of here. First, many state residents, particularly in the northern and southern parts of the state, receive care in border towns of North Dakota, South Dakota and Wisconsin. If the negligent care occurs in those states the statute of limitations in the state where the negligence occurred will almost always apply and might be much shorter than Minnesota's statute.
Secondly, in the event the medical negligence causes death the statute of limitations will be 3 years rather than 4 years. Minors do have an extended period but you should immediately consult a medical malpractice attorney in such situations.
Finally, it takes much time to investigate a potential malpractice claim to determine if there is merit to the claim. If you wait until the statute of limitations is nearly expired to contact an attorney most attorneys will not get involved regardless of the merits of the case. They simply do not want to expose themselves to a malpractice claim for not being able to put the case together quickly enough to meet the statue of limitations.
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Hazelton Injury Attorneys
P.O. Box 1248
677 Anne St.
Suite B
Bemidji, Minnesota 56601
Phone: 218-444-4529
Toll Free: 888-711-4529
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