Minnesota Medical Malpractice Information

What is the average medical malpractice settlement in Minnesota?
The average medical malpractice payment in Minnesota for 2022 was $353,644. Going back to 2004, the average malpractice payment in the database is $445,729.
How many medical malpractice settlements have there been in Minnesota?
In 2022, there were 38 medical malpractice payments made in Minnesota. Among all of the various jurisdictions, this ranked number 42 out of 59 in terms of raw numbers, but when viewed in terms of claims per capita, Minnesota ranked number 53 of 59, which includes the 50 states, the District of Columbia, U.S. territories, and Armed Forces populations.

What is the most common type of medical malpractice claim in Minnesota?

Across the country, the most common allegations giving rise to medical malpractice payments are "Failure to Diagnose" and "Improper Performance." Minnesota is among those jurisdictions for which the top allegation appearing in the database is "Failure to Diagnose." The second most frequent allegation appearing for Minnesota in the database is "Improper Performance."

Which type of healthcare provider pays the most medical malpractice claims in Minnesota?

Among all claims, the vast majority (about 70%) of the payments are associated with care provided by MDs. Minnesota is no exception. The second highest type of healthcare provider associated with malpractice claims in Minnesota is a dentist.

A few notes about this: The database only shows which claims were paid and does not include claims that were presented but rejected. Also, the database does not include payments by non-providers like health systems and hospitals. There are also some number of claims that go unreported each year. Finally, the information contained in the reports is self-reported by the providers, their insurance companies, and other provider representatives.

Minnesota Medical Malpractice Payment Amounts By Year

Minnesota Medical Malpractice Payments By Year

Requirements Before Litigation

Minnesota requires an affidavit of expert review prior to starting a lawsuit for malpractice against a healthcare professional. Minn. Stat. 145.682. Further, after the case is filed, a claimant has approximately 180 days to serve detailed affidavits or opinions from experts establishing each aspect of the claim.

Upon service of this expert opinion, these affidavits are subject to challenge by motion that can result in the case being dismissed with prejudice.

Caps on Damages

Minnesota does not implement caps on damages in medical negligence cases. Jurors may award both economic and noneconomic damages for any amount. It is worth noting that some municipal and state healthcare providers may have limited liability by statute.

Statute of Limitations

The statute of limitations in Minnesota for medical malpractice is generally four years from the date of the negligent care.

Unlike most other states, Minnesota does not recognize a "discovery rule" that would extend the time limit for injuries that are discovered years after the negligence.

The Largest Medical Malpractice Payments for Minnesota (2004-2022)

Year	State	Amount	Allegation
2007	Minnesota	$11,500,000	Failure to Identify Fetal Distress
2020	Minnesota	$10,500,000	Failure to Identify Fetal Distress
2020	Minnesota	$10,500,000	Failure to Identify Fetal Distress
2020	Minnesota	$10,500,000	Failure to Identify Fetal Distress
2019	Minnesota	$9,850,000	Delay in Treatment of Identified Fetal Distress
2021	Minnesota	$8,950,000	Failure-to-Instruct or Communicate with Patient or Family
2018	Minnesota	$7,750,000	Wrong Medication Administered
2018	Minnesota	$6,950,000	Failure/Delay in Referral or Consultation
2021	Minnesota	$6,950,000	Failure to Identify Fetal Distress
2021	Minnesota	$6,950,000	Failure to Identify Fetal Distress

Minnesota Statistics at a Glance

Average Payment (2004-2022): $445,729

Total Payments in Database (2004-2022): 1,448

Average Payment (2022): $353,644

Total Number of Payments (2022): 38

Rank in Average Payment (2022): 34

Rank in Number of Payments Per Capita (2022): 53 of 59 Jurisdictions

Most Common Allegation (2022): Failure to Diagnose

Most Common Allegation in 2021: Improper Performance

Most Common Nature of Claim (2022): Diagnosis Related - 43% of all payments

Type of Provider with Most Payments: Physician (MD)

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*The database contains public payment information from 2004 to 2022. While it contains a small amount of information pertaining to the claim giving rise to that payment, it is missing crucial nonpublic information that would certainly affect claim valuation. Past results are no guarantee for future outcomes.

Every medical malpractice case is different. This site is for informational purposes only and does not contain any legal advice. Please discuss your personal situation with an attorney.

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