Is an Expert Needed?

Under Minnesota law, at the time of filing the Summons and Complaint, the attorney who is representing the plaintiff must file an affidavit with the court stating that he/she has reviewed the case with an appropriate expert and that expert believes that there is both a violation of the standard of care and injury caused by that violation.

Within 180 days after the commencement of the lawsuit, a second affidavit must be filed signed by the expert which states in great detail the actual facts and opinions which led to the malpractice claim as well as the events that led to the cause of the injuries resulting from the malpractice. The actual requirements of these affidavits are spelled out under Minnesota Statutes Annotated 145.682. As always, an attorney who is experienced in medical malpractice cases should be consulted to determine the exact requirements for any specific case.